Do I have to probate the will in two states?

Asked over 1 year ago - Atlanta, GA

I live in GA an my father also passed away in GA. He left me property in NC in his Will.

Attorney answers (4)

  1. Loraine M. DiSalvo


    Contributor Level 16


    Lawyers agree

    Answered . You likely will need to have your father's Will admitted to probate in Georgia (assuming that you mean real estate when you say "property in NC"), and then offer it for an ancillary probate in North Carolina. You'll need either an attorney who is licensed in both states or one for each state. If the North Carolina asset is not real estate, however (ie, if it is stocks, bonds, furniture or other tangible personal property, an interest in a business, or anything other than an interest directly in NC real estate), then you likely do NOT have to offer the Will for probate in NC. I strongly urge you to consult an attorney in GA first, who can help you review your father's assets and guide on through determining what to do and how to do it.

    This answer is not intended to provide you with specific legal advice regarding your situation, or to create any... more
  2. Tanner Woods Pittman

    Contributor Level 12


    Lawyers agree

    Answered . In a word, yes.

    Most states, probably including North Carolina , have a provision in their statutes for what Georgia law refers to as "ancillary probate." This is a shortened probate procedure for obtaining title to property in that state when a will has already been probated in another.

    If possible, contact a North Carolina probate attorney about filing an ancillary probate of the Georgia will.

    Best of luck.

    No attorney-client relationship or privilege is formed by this communication. This answer is to be considered as a... more
  3. Joseph Michael Pankowski Jr

    Contributor Level 18


    Lawyers agree

    Answered . Attorneys DiSalvo and Pittman are correct. If your father was domiciled in Georgia and had real property in North Carolina, you will have to probate his Will in two different states.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  4. William F. Bernard

    Contributor Level 8


    Lawyers agree

    Answered . I might add that if the property had been/or is in a land trust which holds title, the probate could realistically have occurred in GA.

    Please be advised that this communication is for general public informational use only and does not establish an... more

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