People often own property in multiple states. When they die, that property usually has to go through the probate process, even if the decedent has a will. People who die in Georgia and own property in another state must file ancillary probate in the state where the property is located. Those who live in another state and own property in Georgia must file ancillary probate in the Georgia county where the property is located.
Requirements for Ancillary Probate
Georgia statutes dictate that an out-of-state will, commonly referred to as a foreign will, is admitted in the proper jurisdiction – the county where the property is located – in solemn form. The executor must swear that the will has not been previously admitted to probate in Georgia. The executor should admit the will for probate in the county where the decedent lives first, then admit the will to the Georgia probate court after completion of the probate proceedings in the domiciliary state. Because the domiciliary probate court – where the decedent lived – has the original will, the executor should submit a certified copy to the Georgia court, along with an authenticated copy of the final proceedings in the decedent’s home state.
Objections in Ancillary Probate
Just as any heir can contest a will entered in the decedent’s home state, any heir can contest a will entered into ancillary probate in Georgia. However, any will that is certified and final proceedings that were properly authenticated by the decedent’s home state is prima facie evidence that the will was executed in the domiciliary jurisdiction. The person or persons objecting to the will must show proof that the will is not the correct will. For example, the objector must submit a certified will and properly authenticated final proceedings of the domiciliary state.
If you are the executor of an estate that contains property the decedent owned in Georgia, contact Grissom Law, LLC for a consultation regarding submitting a foreign will for ancillary probate.
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