Location of Probate.?

Question

My father's house is in Ogemaw County, Michigan. Prior to his death he lived in a VA care facility in a distant county (Kent County) for 5 years. He died in Kent County. Which is the correct location to handle his probate?

I already have the "common sense" answer to this question. What I lack is the "legal" answer to this question.

Thank you in advance.

Answer 1

Generally, probate over real property can only occur in the state (and often the county) where the real property is.

Probate over personal property usually happens where the person was last domiciled, or where they were last resident. Or where the will was created and signed.

The laws vary by state, and it's worth asking a Michigan attorney for how Michigan deals with this situation. The cost of the attorney is often far less than the headaches that can occur if people don't follow the proper procedures.

Answer 2

I think it has to be the county he lived in. My bfs grandfather just passed and his had to be done it the county he lived in.
Just because he owned a house in another county dosent mean anything. But im not positive. Google probate laws and you can find lots of free information, I did and there is tons of stuff that could be useful to you. And some attorneys will give you that information over the phone for free.

Answer 3

kent county where he died