Legal Question in Wills and Trusts in Georgia

my parent died in a different state from where the adult children next of kin live. where should the executorship of the estate be filed


Asked on 12/06/11, 5:13 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The exact same place where it needed to be filed when you asked the exact same question here yesterday and received multiple correct answers. The answer doesn't change by asking it again.

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Answered on 12/06/11, 5:16 am

The estate is probated where your parent lived as of the time of his or her death. That is where the primary state is probated. In cases where your parent may have lived in a nursing home, this would be in the state where he/she owned real property or any property or voted or had a driver's license, not where the nursing home is located. In rare cases, if your parent absolutely had no assets, it might be where the nursing home was located but I would check with a probate lawyer in that area to confirm.

In a case where the parent was a "snow bird" and spent part of the year in one state or another, there has to be a state which the parent considered as his or her home. If the parent happened to own land in one state but was domiciled in another, then the main estate is probated where the parent was domiciled and an ancillary estate is created (after the main estate is probated) in the state where the other land is located.

If you are dealing with a case with out of state personal representatives, you are going to need an attorney, if for no other reason than to have the attorney for service of process and to make sure that the administration of the estate is handled correctly and smoothly (filing papers and such). Trying to do this when you are not a resident of a state is going to be next to impossible.

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Answered on 12/07/11, 5:33 pm


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