In What County Do I File a Will?

January 30, 2018 | Cecil Harvell

Last Wills and Testaments should be filed after the death and in the county where the decedent was "domiciled".  Domicile means the place where an individual has a true, fixed permanent home and principal establishment, and to which place, whenever absent, the individual has the intention of returning. 

Although, this definition might seem simple at first, like many matters in the law, questions can arise.  For example, what if a person has lived in Carteret County most all of their life, but leaves the county to be close to a child before they die, maybe they live in a hopice or a nursing home or other facitily?  If the decedent, had an intention to return to their home county or even a hope to return, then the Will can be filed in the home county even though they died in a different county.  A guiding fact might be whether the decedent maintained a home in the county, contacts.  Where might the funeral, if any, be held?

These are all good questions to be discussed with your executor after the retain an estate lawyer to assists in the filing and administration of the estate.

 

 

Cecil S. Harvell
About the Author
Cecil S. Harvell is AV Martindale-Hubbell Peer Review Rated in the areas of Trusts and Estates, General Practice, and Aged and Aging. Mr. Harvell is a native of Morehead City, North Carolina and was admitted to the Georgia State Bar in 1983 and admitted to the North Carolina State Bar in 1987. Read More
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