Which state should my will be filed

In most states, the probate court has jurisdiction either because the deceased was a resident of that county or there are assets located in that county. The Will generally would not be filed at all, until you have passed away. At that point, if there are probate assets (i.e., assets titled in your name alone, without beneficiaries designated, then the Will would be filed where appropriate. It may be necessary to have "ancillary probate" proceedings in one state and standard proceedings in the other.

In order to avoid the likely need for multiple probate administrations in more than one state, you may wish to consider planning your estate in such a way that it avoids probate. A Trust would be one way you could achieve this. You may also be able to designate beneficiaries on your assets.

You should consult with a qualified estate planning attorney to determine what is the best way to achieve your objectives at the lowest possible cost and with the least complications.

James Frederick

If you are "domiciled" in Philadelphia County, then your will would be probated there. Domicile generally is determined by many factors such as where you vote, where your car is registered, where your doctors are located, where your religious affiliation is located, etc. Your will would control the disposition of all of your assets not passing by beneficiary designation or certain forms of ownership (joint tenancy). So your will would control the distribution of the New York assets. However, your estate would have to enter into "ancillary administration" to allow for the transfer of real estate in another state. This could be expensive and cumbersome and time consuming. You may want to use other strategies such as a trust or joint tenancy or gifting, etc. Also, you should have certain provisions in you will under your situation if your executors are not PA residents. You need to speak with an estate and tax attorney.

Hope this helps.

LEGAL DISCLAIMER
Mr. Fromm is licensed to practice law in PA and can be reached at 215-735-2336. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.