If one is married in one state but dies in another which state dictates property division of intestate property?
Generally, the laws of intestacy in the state where the property
is located govern the distribution. For example, suppose a couple
is married and has a residence in a community property state and a
summer home in Massachusetts. Suppose one died in Florida,
intestate (without a will). The property in Massachusetts would
pass according to the laws of intestacy of Massachusetts.
If the decedent had a will that was valid in the state where it
was executed, the property in Massachusetts would pass according to
the provisions in the will but the will, or exemplified copies of a
foreign probate, would need to be submitted for probate in
Massachusetts. Probate laws vary in different states. You must
always consult with an attorney who is familiar with the law in
both states to determine the legal advice particular to your
situation.