Atlanta, GA asked in Probate for New York

Q: G'ma passed in NY; property/assets in GA; no assets in NY. Do I file for administration of the estate in NY or GA?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: You MAY potentially need to do both if she LIVED in NY at the time of her passing. If she was simply visiting when she died, the probate will be necessary in the state she resided, and there MAY be a need to open an ancillary probate in the state where property is located if that state won't allow recording a 'foreign' order for probate.

You need to consult with a local attorney (in BOTH locations potentially) to know how to proceed best, but it is impossible to know for sure without analyzing the WHOLE situation which is just not possible in a forum like this.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: New York. If the Georgia property is realty, you will need to do what is called an ancillary proceeding there.

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