Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.
What happens when the deceased was a resident of one state and owned real estate in another state? How do the probate courts handle this situation?
When this type of issue occurs, you will usually have to open probate in both states. The reason for this is that there is no probate court with jurisdiction over all aspects of the probate case. The probate court located in the state where the deceased resided has jurisdiction over all personal property (non-real estate), money, and real estate located within that state. This initial proceeding is often called primary probate. The only part of the estate that the primary probate court does not have jurisdiction over is real estate located outside the state where primary probate is opened.
As a result, a second probate must be opened to deal with out of state real property. The second probate will be opened in the state where the property is located. This proceeding is usually called ancillary probate. If there is real estate in a third state, then an ancillary probate will need to be opened there also.
In Georgia, opening ancillary probate is similar to opening a primary probate. The main difference is that the Georgia probate court will also want to have certified or exemplified copies of the probate court proceedings from the primary probate. As a result, you will want to open the primary probate before opening the ancillary probate.
For help with this and other probate situations, please have a consultation with our office.
Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate lawyers provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.
After a loved one passes away, it is not uncommon to want to begin handling their affairs right away. Often, one of the first things the family will want to access the deceased’s bank accounts. Unfortunately, they quickly learn that the bank will not speak with them or give them any information, l...
What happens if it is discovered that the deceased had dementia when the Will was created? Does that mean that the Will is automatically invalid or that the Probate Court will not accept it? We will discuss these questions in this post. My name is Erik Broel & I am the founder & CEO of ...
When can the Estate cover attorney's fees? This is a common question with a somewhat complicated answer. We’ll cover the basics in this post. My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group. At our firm we help families who have lost a loved one navigate ...
© 2021 Georgia Probate Law Group by Broel Law, LLC. All rights reserved.