After a family death, the last thing you want to deal with is an out of state probate. The Law Office of Paul Black offers information and advice. Call now!
Probate Property in Another State
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A probate process can be stressful, especially when it is mishandled. If you handle it correctly, you can reduce stress and ensure that family issues do not arise.
Out-of-state probate is necessary if your loved one passes away and owns property in other states. A probate lawyer in Atlanta can help you understand the out-of-state probate process well and compile all the documents you need to present to the probate court.
Can You Probate a Will in Another State?
You can probate a will in another state if the deceased person has properties such as real estate, vacation property, oil, gas, mineral rights, or personal property in another state. However, probate laws vary from state to state, so it is vital to consult an experienced estate planning attorney to help you handle your case.
What Happens During Probate?
Step 1: Opening Probate
The executor of the will or the representative appointed by the court should open probate in the deceased state. To initiate the probate process, the executor should provide a valid death certificate to the probate court.
The executor should also hand over the estate planning documents, such as the last will and trust documents.
The executor needs to open probate in the deceased person’s state of residence (in this case Georgia) and in other states where they owned property.
The state courts cooperate to ensure these cases go smoothly, but it costs more than regular probate cases. It also takes more time.
Step 2: Authenticating Documents
This process ensures all the documents submitted by the executor are authentic. The court also ensures that the will was created per the deceased person’s state law and that witnesses were present.
Step 3: Sending Notices
The third step is to notify all the concerned parties. Remember that a family member may sue the executor if they were not told, increasing the time it will take to execute the will.
So make sure all the interested parties receive a notification, those include family members and creditors.
Step 4: Determining the Value of the Estate
Inventory is an essential phase in the probate process. A property appraisal and examining bank accounts and cash life insurance policies are required to determine the worth of the deceased estate.
Step 5: Asset Distribution
This is the step that takes time. The executor’s first duty is to settle debts the deceased left behind. The will executor also oversees selling assets or real property as indicated in the will.
Once the debts are settled, the remaining assets should be distributed among the beneficiaries. After debts are paid and the assets distributed, the last step is to dissolve the estate, and the executor files a petition with the court to dissolve the estate.