Probate in state with only probatable asset, not in state of domicile

Post date: 2021-01-20 09:28:09

Single parent died in Oregon. At this time and most likely forever only probatable assets are a rental house in NY State and a Citi checking account of approximately $1000. I asked local NY lawyer about ancillary probate and they said that I should just probate in NY State as a checking account has no particular locus. Also heirs are my sibling and me 50/50 no drama, no outstanding bills, will be a tax refund Fed and State on her last tax returns 2020.

While this sounds good to me and the only thing I could see hurting us down the line would be some grifter coming out of the woodwork in the future and I object to paying for 2 probates in order to probate a $1000 checking account I thought I would ask if anyone has had a similar situation/insight beyond "talk to a lawyer," which I might pay for if the NY lawyer doesn't convince me. (Early days yet, still don't have death certificates.)

Parent lived in Oregon for approx 6 years before death and filed taxes here so I don't see how you could say she wasn't domiciled here. There is no will so I would be getting appointed administrator in NY. I live in Oregon. I will have to file an estate return as it will receive more than $600 in gross income by the time I get it filed, (tax refund, rental income.) I am still working out which state would get any income taxes from the estate, I assume the estate would be located where it is being probated but Oregon might disagree heartily.

Bonus question: has anyone inherited a rental house with a due on sale clause in the mortgage and been able to assume the mortgage under the Garn-St. Germain Depository Institutions Act? It doesn't seem to say anything about having to live in the house.

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