The Probate process of most Wills is a fairly straightforward affair. If your loved one lived in the state and owned property entirely in that state, this single court case will determine the property rights of all heirs. However, many people own property in multiple states. When this is the case, a separate court session known as Ancillary Administration will need to occur.
Ancillary Administration in Marietta determines the rights of heirs to property that exists in other locations. Local laws in those locations will determine the legitimacy of a Will and whether the Estate must pay taxes on the value of that property. Talking with our talented attorneys at Nelson Elder Care Law can help you better understand the function of Ancillary Administration and what to expect if this process becomes necessary.
The Probate process serves two main functions. On the one hand, it helps to determine the property rights of creditors and heirs after your loved one’s death. On the other hand, it ensures the proper disposition of property in regard to state law. For most Estates, the entirety of a person’s property is located within that state. However, it is possible that your loved one’s property may be located in other jurisdictions. This most commonly applies to real estate.
That property is subject to the laws of that state. This includes establishing the rights of creditors and evaluating whether the property is subject to taxation. While Marietta is in a state that does not collect an Estate tax, property across state lines may be in a place that does. Our local attorneys can provide more information about the concept of Ancillary Administration and why it may be necessary.
If you discovered your loved one owned property in multiple states, Ancillary Administration will be necessary. However, this does not mean opening a separate Probate case in another state’s court. In fact, according to the Official Code of Georgia Annotated § 53-5-33, a Probate court will never open a new Probate case if one is already ongoing in another jurisdiction. Instead, the court will merely grant you the power to act under the language of the Will for the specific property in question.
Having our attorneys handle the process of requesting Ancillary Probate in Marietta could help to streamline the overall procedure. Our team can file the necessary paperwork with the court and introduce the core Probate case from another court. This may result in a local court offering you the powers that you need to distribute the property with minimal interference.
A significant number of Estates contain property located in two states. This means that while the Probate court where your loved one lived before their death will handle the primary Probate case, another state’s court will need to oversee the distribution of the assets within its borders.
If you are an executor of an Estate and recently learned that your loved one owned property in other jurisdictions, our lawyers can guide you through Ancillary Administration in Marietta. This includes explaining the process as a whole, determining whether a case will be necessary, and filing the relevant paperwork with a local court. Contact Nelson Elder Care Law today to discover more about Ancillary Administration.
