Where do probate and qualification take place?
If a will is to be offered for probate, or if a person intends to qualify as personal representative, the proper place to do so is in the Circuit Court, usually before the Clerk or Deputy Clerk, for the County or City in which: 1. the decedent had a house or residence; or 2. if none, where the decedent had other real estate; or 3. if none, where the decedent died or had other property. If the decedent resided in a nursing home because of advanced age or impaired health at the time of his death, then usually proper jurisdiction for probate and qualification is determined by the location of the decedent’s residence prior to admission to the nursing home. If the decedent resided in a retirement complex (but not a nursing home) at the time of his death, then usually the location of the retirement complex determines which court has jurisdiction. Q: What is a personal representative’s bond and surety on the bond? A: When a personal representative qualifies, he or she is required to take an o
