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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53945
Experience:  29 years of experience practicing law, including tax and estate planning.
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If a will is written in Delaware and the POA and executor

Customer Question

If a will is written in Delaware and the POA and executor lives in Pennsylvania, which laws apply? The laws of Delaware or Pennsylvania?
Submitted: 12 months ago.
Category: Estate Law
Expert:  Richard replied 12 months ago.

Good morning. My name is ***** ***** I look forward to helping you.

The applicable law will be where the testator/decedent lives at the time of his/her death. Upon death, the will is probated in that count in which the decedent dies and that state's laws will be applicable. The exception would be if the decedent owns real property in another state. In that case, that state's law will govern that particular property and the executor of the estate will simply need to file what is called an ancillary probate proceeding in that other to handle the transfer of title to that property to beneficiaries under that will. An ancillary probate proceeding basically piggy backs off the probate proceeding in the decedent's state of residence to give the executor the authority to transfer title to that real property. It doesn't make any difference where the will was written....it will be honored in another state if the decedent moves under the full faith and credit laws of the U.S. Also, it doesn't make any difference where the executor lives; the POA terminates automatically upon death so it won't be relevant either.

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