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Our Georgia probate
attorneys answer questions from relatives of decedents who
lived outside of Georgia at the time of their death and filed
the will for probate outside of Georgia, and now need to file
a copy of that will in the state of Georgia. Attorney Sharon
Rowen has given many seminars on behalf of Georgia estate
and probate lawyers. Her lectures cover numerous state of
Georgia attorney probate and estate topics. The following
excerpts from her June 8, 2006 seminar materials, “Troubling
Shooting Real Estate Transactions Involving Georgia Probate”
may be of used to people with Georgia probate issues involving
deceased relatives that did not live in Georgia at the time
of their death. The Georgia estate lawyer and Georgia probate
attorney know that Georgia probate and estate law is in constant
flux. They understand the need to stay apprised of the most
recent changes in the Georgia estate and probate statutes.
Hopefully, these Georgia probate materials, as related to
out-of-state domiciled decedents, will be of use to the lay
person as well as to the Georgia estate and probate lawyer
needing more detailed information.
DEATH OF A DOMICILIARY FROM ANOTHER JURISDICTION THAN
GEORGIA
Probate in Georgia Out of State and
Foreign Wills
An out of state will is the will of an
individual who was domiciled at death in a state other than
Georgia who owns property located in Georgia. A foreign will
is the will of an individual who dies while domiciled outside
the United States and owns property in Georgia.
There are three different categories of probate for these
wills:
1. Original probate of wills not admitted
to probate in the jurisdiction of the decedent’s domicile;
2. Ancillary probate of out of state wills
already admitted to probate in the jurisdiction of the decedent’s
domicile;
3. Ancillary probate of foreign wills admitted
to probate in a foreign country where the decedent was domiciled.
An out of state will may be admitted to ancillary
probate upon presentation of a copy of the will and a properly
authenticated copy of the final probate proceedings from the
court of the domiciliary state. For the admission to ancillary
probate of a foreign will that has been probated or established
under the laws of the domiciliary country, a certified copy
of the will and an authenticated copy of the proceedings in
such foreign court, under the seal of the court must be received
as prima facie evidence of the due execution of the will.
Once an out of state or foreign will has
been admitted to ancillary probate, the executor named in
the will or the personal representative from the jurisdiction
where the will was probated is entitled to qualify as executor
or administrator with the will annexed in Georgia. Once qualified,
an ancillary personal representative is subject to Georgia
laws governing the administration of estates.
All wills that are probated or established
in a state other than Georgia constitute muniments of title
for the transfer of real property in this state to the beneficiaries
mentioned in the will. The will must be admitted in evidence
as a muniment of title when accompanied by properly authenticated
copies of the record admitting the will to probate in the
other state, certified according to OCGA 24-7-24, and when
the certified copy of the will is recorded in the deed records
of the clerk of the superior court of the county in which
the land lies. OCGA 53-5-35. It is good practice also to file
a copy of the executor’s letters testamentary and an
assent to devise signed by the executor, witnessed in accordance
with Georgia real estate law.
Links:
Probate and Estate Home Page
Heirs and Beneficiaries
Simple Will Questionaire
Georgia
Probate and Estate Checklist
For the Georgia Probate
Attorney
Out of the State of Georgia Decedent with Property in Georgia
2006
Contingency Fee Contracts with Minor Clients
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