Learning that you will need to serve as the executor of your loved one’s Estate after their death can be an intimidating prospect. At the minimum, you will need to open a Probate case in a local court, gather the Estate’s Assets, and distribute those Assets to creditors and heirs.
Making matters even more complicated is when the property is located in other states. When this is the situation, you will need to pursue Ancillary Administration in Georgia. This process ensures the proper distribution of Assets to the rights heirs but must follow the state’s specific Probate procedures. Fortunately, our experienced attorneys at Nelson Elder Care Law can assist you with this process.
The goal of all Probate cases is to ensure the proper distribution of Assets to the heirs named in a Will or those who stand to inherit through an application of a state’s Intestacy laws. For the most part, this process will occur in the Probate court where your loved one lived before passing away since most people hold their Assets in the state where they live.
However, it is possible for property to exist in other states. This most usually occurs in cases involving real estate. Here, the court where that property is located has the sole jurisdiction to handle the Probate of that Asset. The process involved in ensuring that this property moves to the correct heirs is called Ancillary Administration. Our Georgia lawyers can provide more clarification about Ancillary Administration and determine if this may be necessary for the proper administration of your loved one’s Estate.
One of the most important things to realize when serving as the executor of a loved one’s Estate is that there can only be one primary Probate case for their Estate. This will always be in the courthouse located in the county where the person was living prior to death. The Official Code of Georgia Annotated § 53-5-33 further reinforces this concept by stating that a Probate court will not open a new Probate case if another state’s court has already initiated the process.
However, Ancillary Administration is another matter entirely. You can bring a petition to initiate this process to a Georgia Probate court stating that Ancillary Administration is necessary for specific Assets. This petition must include a copy of your loved one’s Will and a copy of the proceedings in the primary Probate case.
Once a court accepts this petition, it can issue letters testamentary that empower you to take temporary control over the Asset and distribute it as needed to the relevant heirs. Because Georgia has no Estate tax, you may only face a potential federal levy. However, the need for this will be apparent during domiciliary Probate (the Probate case occurring in your loved one’s home state). Our lawyers in Georgia can help you pursue Ancillary Probate in a local courthouse.
Every Probate court in the country has an interest in seeing through the proper administration of an Estate and the correct distribution of property. For most Estates, the location of this property within state borders means that this can result in a singular Probate case. However, if the property is located in two or more states, Ancillary Administrations will be necessary.
If your loved one dies with property in a state they did not live in at the time of death, Nelson Elder Care Law can help to pursue Ancillary Administration in Georgia. This includes obtaining all necessary paperwork and submitting a formal request for the appointment of an executor in a local Probate court. Contact our team now to learn more.
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