Short answer

Under Minnesota principles, the primary probate usually occurs where the decedent was domiciled at death. If your parent died in Virginia but their legal domicile (their permanent home) was in North Carolina, you would generally open the main probate in North Carolina. If they were domiciled in Virginia, you would open it in Virginia. If the estate holds assets in both states, you may need a primary probate in the decedent’s domicile and an ancillary probate in the other state for property located there.

Detailed answer — how domicile, venue, and property location determine which state handles probate

This answer explains how courts decide where to open probate and how to proceed when a person dies away from the state where they typically lived. These are general rules and based on how Minnesota law treats domicile and ancillary administration; they reflect common U.S. probate principles and the procedures Minnesota courts follow for estates with Minnesota connections (see Minnesota probate statutes and court guidance linked below).

1. Primary rule: probate where the decedent was domiciled

Domicile — the state that was the person’s permanent home at death — controls which state has primary authority to administer the decedent’s personal property and overall estate administration. Courts look at two elements to determine domicile:

• Physical presence: where the person actually lived, maintained a home, and spent most time.
• Intent to remain: objective evidence showing they intended that place to be their permanent home (driver’s license, voter registration, state income tax filings, the address on the last will, long-term residence, medical records, etc.).

If the decedent was domiciled in North Carolina at the time of death, open the main probate in North Carolina. If they were domiciled in Virginia, open it in Virginia.

2. Location of specific assets matters

Real property (land and houses) is normally administered by the court where the real property is located. So even if the decedent’s domicile was in North Carolina, any real estate located in Virginia usually requires a probate or ancillary proceeding in Virginia to clear title or transfer that property.

Conversely, intangible personal property (bank accounts, stocks, retirement accounts) often is administered where the decedent was domiciled, unless the account has a payable-on-death beneficiary or the asset is otherwise nonprobate.

3. Ancillary probate

When the decedent’s domicile and property locations are in different states, the estate typically requires:

• Primary probate in the decedent’s domicile state (to appoint a personal representative and handle intangible assets and distribution of the estate generally).
• Ancillary probate in any state that has title to real property or certain local items of property (to clear title and transfer local assets). Ancillary probate is usually simpler and limited to the out-of-state assets.

4. Small estates and alternatives

Many states (including Minnesota) allow simplified procedures for small estates. If the value of the decedent’s probate assets in a state falls below that state’s small‑estate threshold, you might use an affidavit or other simplified process instead of full probate. This can reduce or eliminate the need for ancillary probate for smaller assets. Check the other states’ thresholds and rules where property sits.

5. Practical steps to decide where to act

1. Locate the will (if any) and look for a designated personal representative or instructions about where to probate.
2. Establish domicile evidence: collect documentation — last residence, voter registration, driver’s license, tax filings, medical records, statements from neighbors or caregivers.
3. List assets and their physical/legal locations: real estate addresses, bank locations, brokerage accounts, retirement accounts, vehicles.
4. Contact the probate court in the suspected domicile state to confirm venue rules and filing requirements.
5. If assets exist in multiple states, prepare for ancillary probate in the state(s) where real property sits.
6. Consider hiring a local probate attorney in the state where you will open the main probate; they can advise on whether ancillary administration is necessary in the other state.

Hypothetical example

Imagine your parent lived and paid taxes in North Carolina for ten years, had a North Carolina driver’s license, and listed a North Carolina address on their will. They were visiting family and died suddenly while in Virginia and owned a house in Virginia plus bank accounts in North Carolina. Under these facts, North Carolina would likely be their domicile, so you would open the main probate in North Carolina. To transfer or sell the Virginia house, you would also start an ancillary probate proceeding in Virginia limited to that property.

Minnesota statutes and court resources (where to look)

For general Minnesota probate law and procedures, see Minnesota’s probate statutes and the Minnesota Judicial Branch probate help pages:

• Minnesota Statutes Chapter 524 (Probate) — the state’s probate code and related provisions.
• Minnesota Judicial Branch — Probate Help and Forms — practical procedural information, forms, and local court contacts.

Note: If you actually need to open a probate in another state, consult that state’s statutes and court resources. Each state sets its own venue, small‑estate thresholds, and ancillary probate procedures.

Helpful Hints

• Do not assume where the person died equals where to probate. Domicile matters more than the place of death.
• Search for a will right away — the will often names the personal representative and indicates the intended domicile.
• Collect evidence of domicile early (tax returns, mail, registrations). Courts weigh this evidence when venue is disputed.
• Inventory assets and separate real property from bank and investment accounts — real estate is handled where it is located.
• Check beneficiary designations and jointly owned accounts — these may pass outside probate.
• Consider small‑estate procedures before filing full probate; they can be cheaper and faster if eligible.
• If multiple states are involved, expect at least one ancillary proceeding; plan for additional filing fees and local counsel when necessary.
• Contact the probate court in the likely domicile state for guidance, or consult a probate attorney licensed in that state.

Disclaimer

This article is educational only and is not legal advice. It summarizes general principles and points to Minnesota statutes and court resources. Probate rules vary by state and by court. For advice about your specific situation, contact a licensed attorney in the state where you expect to open probate.