Estate Planning Word of the Day

Ancillary Probate – noun The probate process in a jurisdiction other than the jurisdiction where the Decedent was a resident at his time of death.

An ancillary probate will normally have to be completed if a person dies with property that is subject only to another court’s jurisdiction. This most commonly occurs in the case of real property. For example, if a person buys a house in Oklahoma, then moves to Georgia, but retains the home as either a vacation or rental property, then if he dies while still owning it only in his name (not jointly with another or through a trust or LLC), then a probate will have to be initiated in Georgia and Oklahoma. Georgia courts do not have authority to transfer property solely within Oklahoma.

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