Ancillary Administration in Marietta

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.

Why Ancillary Administration Occurs

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.

How Can Nelson Elder Care Law Help with Ancillary Administration in Marietta?

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.

Let Our Marietta Attorneys Answer Your Questions about Ancillary Administration

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.

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

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- 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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