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Where should probate be filed if deceased did not reside at home at time of death, but rather a nursing home in different county

Lansing, MI |

Deceased resided in a nursing home at time of death. Her home was in a different county. Her permanent address was the nursing home. Where should probate be filed.

Attorney Answers 5


Generally, probate is filed in the county where the decedent died. In your case, where that county was decedent's permanent address, that is likely the place of filing.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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I agree with Attorney Myers. If the decedent still had a home, that would be her place of domicile. You should check with an attorney in the state where the decedent lived to make sure.

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In California the county in which the person died would not necessarily be the county in which to probate the estate - for example, the hospital or convalescent home where he died could be located in a different county than his permanent residence. The key would be in what you yourself said "her permanent residence was the nursing home". Even if she had "a" home in another county, the county in which the "permanent" residence is located would be the county where the probate should be conducted.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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The probate will be filed In the county of the nursing home. Michigan law provides that a probate estate should be opened in "the county where the decedent was domiciled at the time of death". Here is the link to the Michigan statute:

Note that, if the county is not convenient, once the probate is opened you can file a motion requesting that the "venue" (place) of the probate estate be moved to another court. Good luck.

Glenn R. Matecun
Michigan Estate Planning Attorney | Michigan Probate Lawyer

Toll Free: (888) 487-6150

DISCLAIMER: This response is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. This response is intended only to provide general information. Attorneys cannot evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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In Michigan, probate is appropriate either in the county where the person was domiciled at the time of death OR in a county where the decedent had property. Either county will work. As a practical matter, however, if the death certificate says a different county than where you are trying to file, then they may question your petition or application. You might need to have a hearing to have the judge decide.

Best of luck to you!

James Frederick

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