Multi-State Estates under the Uniform Probate Code

Abstract

INTRODUCTION|Multi-state estates are those estates involving more than one state. In addition to the domiciliary jurisdiction, such estates involve another state in either of two situations: 1) the decedent has property in such state, or 2) a claim is being asserted against the estate in such other state. An example of the first situation would be a retired Nebraska farmer who keeps the farm but moves to Arizona to spend his winters. When that individual dies he has property both in Arizona and Nebraska. Another example would be a businessman in Nebraska who invests some funds in a savings and loan association in Colorado. On his death he will have property in both Nebraska and Colorado. An example of the second situation is a Nebraska resident mororist who is killed in an automobile accident in Idaho. If a Nebraska motorist is the tortfeasor and someone in Idaho is killed in the automobile accident as a result of the Nebraska driver's negligence, the personal representative from Nebraska may be involved in litigation in Idaho. Because of the multi-state estate involved, the personal representative may be forced to litigate in Idaho because of Idaho's Uniform Probate Code...