When a person dies owning property in a state other than the state where their assets are subject to probate, the out of state property is subject to a form of probate referred to as Ancillary Probate. The ancillary probate proceeding is additional probate process performed in connection with the regular probate proceeding. The difference is that the out of state assets are governed by ancillary probate proceedings and the probate laws of the state where the assets are located. Ancillary probate is usually required when a will exists, as well as when a person dies intestate, or without a valid will. In my many years as an Atlanta, Georgia Ancillary Probate Attorney, I have overseen numerous cases involving Georgia ancillary probate issues and proceedings.
As a Georgia ancillary probate lawyer, I have found that real estate is the most common type of estate asset that requires ancillary probate. Examples where Georgia ancillary probate issues occur, are when the deceased lived in another state, but died owning vacation property in Georgia. Also common, is a scenario where a decedent moved to another state toward the end of their life, but died owning a house or other property in Georgia.
Tangible personal assets can also be subject to and require ancillary probate proceedings. Examples of these assets are mineral rights, oil or gas rights, livestock, vehicles registered out of state, and other assets located and/or registered outside the home state, such as boats or aircraft.
When ancillary probate is required, it naturally delays the settling of the estate. Expenses to settle the estate also increase, since it is necessary to hire a “local counsel” in Georgia to handle the ancillary probate proceedings in Georgia.
Ancillary Probate proceedings are complicated by the fact that probate laws vary by state. Just like probate laws, intestacy laws also differ by state. As a result, when a will does not exist, or if it is found to be invalid, the heirs may be surprised to find out how property is distributed under another state’s probate laws. This situation can cause discord (and surprises) among family members and other interested parties.
Because state probate and intestacy laws vary widely, it is necessary to consult with an experienced Georgia ancillary probate lawyer. Likewise, if there is a Georgia dispute or litigation involving ancillary probate, it is essential to seek the assistance of a Georgia ancillary probate attorney experienced in probate dispute resolution and estate litigation of ancillary probate assets.
The lawyers at The Libby Law Firm are committed to resolving all types of Georgia estate disputes and would be glad to help you address any concerns you may have over the estate proceeding or disposition of estate assets. You may contact us or at (404) 467-8611 to speak to a knowledgeable Georgia ancillary probate lawyer. Our Main Office is advantageously located in the Buckhead area of Atlanta, Georgia, near the intersection of Piedmont Road and Peachtree Street.
We also have a Cobb County Office located in Marietta, Georgia. You can reach the Cobb County, Marietta, Georgia office by calling (770) 952-1008. You may also send us a message through our confidential Web Site Form to our Atlanta, Georgia or Marietta, Georgia probate law firm locations.
The Libby Law Firm also serves as “local counsel” for ancillary probate proceedings that involve Georgia assets; thus, the need for an experienced Georgia ancillary probate lawyer arises. Our “local counsel” clientele is extremely extensive and we boast a national client base, which consists of clients located in over 35 states as well as many foreign countries.