Ancillary Administration in Georgia

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.

Why Might Ancillary Administration in Georgia be Necessary?

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.

The Rules Concerning Ancillary Administration in Georgia

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.

Reach Out to Our Georgia Attorneys Now to Learn More About Ancillary Administration

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.

Hear From Our Clients

“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

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I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

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