Elk Grove, CA asked in Estate Planning and Probate for California

Q: My dad passed and left rental property in Georgia. We are told my mom (spouse) needs to go to probate.

My dad passed in May 2017. We just found out there is no right of survivor ship in Georgia. We don't know what the next step is to have the deed in my moms name only so we can transfer it to the trust. She is currently on the deed. Wife and all children live in CA and OR. We were told this may quality for small estate but we are lost.

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1 Lawyer Answer

A: Dear Elk Grove:

As the property is located in Georgia, you will need an attorney located (or at least licensed to practice) in that state. For real property, Probate Jurisdiction is based in the state where the property is located. (Unlike personal property, anything but real estate, which "follows" its owner to the state of residence at time of death.)

I suggest that you re-post your question in the Georgia probate or real estate law section.

All the best.

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