Quick answer

If a person dies in one state but was actually living (domiciled) in another, you generally open the primary probate in the state of the decedent’s domicile. Under Indiana probate principles, the primary administration should be opened in the state where the decedent was legally domiciled at death. If the decedent owned real estate or certain accounts in the state where they died, you may also need an ancillary probate in that state to clear title or access assets located there.

Detailed answer — how to decide where to open probate (Indiana perspective)

This explanation is intended to help you understand how probate location is decided. It is educational only and not legal advice.

1. Domicile is the key concept. A person’s domicile is the place where they were physically present and intended to remain, or to which they intended to return. Courts look at facts (not only where the death occurred) to determine domicile. Common evidence includes the decedent’s residence, voter registration, driver’s license, tax filings, where they received mail, where they maintained medical care, and statements of intent.

If the parent who died was actually living and intended to remain in North Carolina, then North Carolina is likely the decedent’s domicile. Probate for the decedent’s estate should generally be opened in that state as the primary administration.

2. Where the death occurred is usually not dispositive. Dying in a particular state (for example, while traveling or hospitalized) does not automatically make that state the place of domicile. Courts distinguish between mere physical presence at death and legal domicile.

3. Ancillary probate for out-of-state assets. If the decedent owned real property, titled interests, or certain accounts in the state where they died (for example, Virginia real estate or in-state bank accounts), you may need a secondary or “ancillary” probate there to transfer title or close accounts. The primary probate handles the estate generally; ancillary probate addresses assets that are governed by the laws of the state where those assets are located.

4. Practical steps to determine the correct place to open probate

Gather evidence of residence and intent: most recent address, driver’s license, voter registration, tax returns, lease or mortgage, utility bills, medical records, and where the decedent kept personal belongings.
List all assets and where they are located: real estate, bank accounts, retirement accounts, vehicles, stocks, safe deposit boxes.
Look for a valid will and its stated executor; the will often names where the decedent considered their principal residence but is not conclusive.

5. If assets are in multiple states

Open probate first in the state of domicile (most likely North Carolina if that was where the parent lived and intended to stay).
Use the estate representative appointed by that primary probate to open ancillary proceedings in the other state(s) where property is located (for example, in the state where death occurred) to clear title or transfer in-state property.

6. Timing, cost, and small estate alternatives

Primary probate typically must be opened promptly to appoint an administrator or admit a will and to protect assets.
Smaller assets in another state sometimes can be collected through simplified or small-estate procedures (these vary by state).
Opening ancillary probate can be limited to the out-of-state assets and may be simpler and cheaper than a full second administration.

7. Indiana statute resource (for probate rules generally)

Indiana’s probate laws are collected in Title 29 of the Indiana Code. For an overview of the state’s probate statutes, see: Indiana Code — Title 29 (Probate). While the core concepts (domicile, ancillary administration) are similar across states, procedures and forms differ by state, so you should consult the statutes and local rules in the relevant state(s).

How this applies to the Virginia vs. North Carolina question (plain language)

If your parent died physically in Virginia but had been living and intended to remain in North Carolina, you will most likely open the primary probate in North Carolina. If your parent owned property or accounts in Virginia, you may also need to open ancillary (secondary) probate or follow Virginia procedures to transfer those in-state assets.

Conversely, if the decedent’s legal domicile was actually Virginia (for example, they maintained a permanent home, voted, filed taxes, or intended Virginia to be their home), then open main probate in Virginia and, if needed, ancillary proceedings in North Carolina for any assets located there.

Next steps (checklist)

Obtain multiple certified copies of the death certificate.
Locate the will (if any) and any estate planning documents.
Make a list of assets and where they are located.
Gather documents showing residence and intent (IDs, voter registration, tax returns, leases).
Contact or consult a probate attorney in the state you believe is the decedent’s domicile to start the primary administration.
If there is real estate or accounts in the other state, ask the primary representative about ancillary probate there and consider getting local counsel in that state.

Helpful hints

Document the facts that show where your parent actually lived—courts focus on objective evidence of domicile.
Don’t delay getting certified death certificates; many institutions require them to release assets.
If the estate seems small, ask about simplified or small-estate procedures in the state of domicile before opening full probate.
Expect separate filing fees and forms for each state if ancillary probate is needed.
Even if a will names an executor, the court in the state of domicile must typically appoint the personal representative for the main probate.
When in doubt, start with an attorney in the state most likely to be the decedent’s domicile—if that turns out to be incorrect, an attorney can help coordinate ancillary proceedings.

Where to get help

Contact the probate court clerk in the county where the decedent may have been domiciled for local filing requirements and procedures. Consider consulting an estate attorney in the likely domicile state to confirm domicile, begin administration, and coordinate any ancillary filings.

Disclaimer: This information is educational only and does not constitute legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed attorney in the state where probate will be opened.