Where we have to file the Will?

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Where we have to file the Will?

My husband has his father’s Will and needs to file it. We want nothing to do with it; we just want to file it. It was produced in NV and that’s where his father lived but he died here in AZ where we live. The

person who was appointed as the executor of the estate does not want to accept the executor role, so my husband is stuck with filing it.

Asked on March 15, 2018 under Estate Planning, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The Will should be filed in Nevada because your father-in-law was a Nevada resident at the time of his death.  Residency is what determines where to file the Will; not the state (Arizona) where he died.
If there is no executor, the probate court in Nevada will appoint an executor.


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