Legal Question in Wills and Trusts in Indiana
Indiana Or Kentucky Probate
If a family of 6 is killed in a wreck in Kentucky and they lived in Indiana, died with no wills, settlement was made from the party that hit the vehicle, where does the money go for probate, Indiana or Kentucky? If in Indiana, does that mena the city in which they lived or the state capital?
3 Answers from Attorneys
Re: Indiana Or Kentucky Probate
A person's estate is probated in the place of residence at time of death. An ancillary administration might be required for the place of death if settlement is made there or litigation was brought there. But essentially the law of the state of residence determines how the estate of each decedent is divided up and who the decedent's next of kin are.
Re: Indiana Or Kentucky Probate
Probate would be handled in the state in which the property is owned, not the state in which they were killed.
Hope this information is useful to you!
Re: Indiana Or Kentucky Probate
The estate would be opened where the individuals resided. I am assuming the six family members were father, mother and their four minor children, and did not include any adult children or any extended relatives such as aunts, uncles, etc. who may have lived on their own. Kentucky does not have enough of a connection to the settlement for an estate to be opened there. For ease of administration, it is usually best to open the estate in the county where the deceased individuals lived.