What is Ancillary Probate?

What is ancillary probate?  How do you know if it applies to your situation?  We will answer those questions and more in this post.

My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group. At our firm, we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored. Everything discussed in this post is for general information and is not legal advice – for specific information about your situation, please go here to request a complimentary consultation with one of our inheritance lawyers.

Ancillary probate is a type of probate that is only used in certain circumstances.  It occurs when the deceased lived in one state and owned real estate in another state.  So, for example, if the deceased lived in Tennessee and owned real estate in Georgia, then ancillary probate would be required to handle the Georgia real estate.

The reason for this is that each state has the exclusive authority to handle real estate within its borders. So, an executor appointed by a Tennessee court, for example, would not have authority to handle Georgia real estate unless that person is appointed as executor in Georgia by a Georgia court.  Ancillary probate is the process that accomplishes that.  Once the ancillary probate has been granted, then the executor can sell or transfer the Georgia real estate.

As a result, estates with ancillary probate tend to be more complicated.  Generally speaking, you will open the primary probate, then open ancillary probate, and then handle the estate.  Once the estate is ready to be closed, you will close the ancillary probate, and then close the primary probate. This situation can get complicated quickly, so call us for help.

For more information about this and other probate topics, please go to GPLG.com/Handbook to download a complimentary copy of our Georgia. Probate Handbook. You’ll learn the key things that go wrong in an estate, how to prevent them, and what to do if they happen.

You also can reach out to our office at (770) 796-4582 to set up a consultation.