Where will my estate be probated?

Avoiding probate is particularly important if you live in and own real property in more than one state. Each state exercises its own jurisdiction over its real estate. In these situations, each state where you live could claim that you were a “domiciliary,” or permanent resident, of that state and not only impose estate taxes, but also make a claim against your estate for past due state resident income taxes. If an additional or ancillary administration is required in the state where real property is located, the risk of income tax liability is potentially increased since the income tax commission of the state is usually notified of the probate proceeding.

 

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