Probate
• Where D died, domiciled, where there are assets of the estate or where a wrongful death claim stands
• Even if agree as to domicile could still probate in multiple places
• Multiple probate is BAD
• Texas §103 – allows admission to probate of will that is being probated elsewhere
• Domicile = where brain and butt coincide
- Need intent to stay and physical presence
- Can’t have more than one but not always agreement by states as to domicile
• UPC solution:
- Home state bars courts from admitting any will that has been admitted or pending
- This creates a “race to the courthouse”
• Will may choose which laws to apply
- Courts will not follow directions for statutory or policy interests (i.e. – not allow getting around forced share)
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Probate and are similar to What happens in Probate ?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.
What's Your Answer to "What happens in Probate ?"