[PA] Where should probate be filed when a parent relocated for care shortly before death?

Lexi, Chatbot

I'm sorry to hear about your loss; navigating probate can be challenging. Which state did your parent consider their permanent residence at the time of their passing?

Lexi, Chatbot

Did your parent have any other assets or properties in either Florida or Pennsylvania that might affect the probate process?

Lexi, Chatbot

Is there anything else the Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your probate process.

Lawyer, Esquire

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply, as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.

Before we temporarily brought her to Pennsylvania around three years ago for care, was she receiving all her mail there in Pennsylvania? And if she filed taxes, did she list her tax address as being in Pennsylvania?

Lawyer, Esquire

I haven't heard back, so I'm only able to provide an answer based on what I would assume to be the case. But if your mother had been living with you for 3 years and was receiving her mail there, then she would have established residency there, and yes, you could file for probate in Pennsylvania to begin the process of settling her estate.

Generally, probate is governed by the decedent's domicile at the time of death, as set out in (20 PA Cons Stat § 3131), which addresses where a will should be probated and letters granted based on where the decedent had their last family or principal residence.

Where a person spent their final years, received mail, and filed taxes are common factors courts look to in determining domicile for these purposes, even when the individual owned property or previously lived in another state.

I hope I was able to answer any questions you had about the situation. If not, just reply back and we can continue further. It was my pleasure to work with you and help with your question. Have a great afternoon and be safe!