Detailed Answer
Under Georgia law, you must file probate papers in the correct county to open or transfer a decedent’s estate. Venue rules for estates appear in the Probate Court statutes. Choosing the right county ensures proper notice to heirs, creditors, and the court.
1. Estate of a Georgia Resident
O.C.G.A. § 15-9-20 grants Probate Courts jurisdiction over the estates of persons who were domiciled in Georgia at death. You must open the estate in the Probate Court of the county where the decedent lived when they died. “Domicile” means the place the person intended as their permanent home. See O.C.G.A. § 15-9-20 (link).
2. Ancillary Administration for Nonresidents
If the decedent was not a Georgia resident but owned real property in Georgia, you open an ancillary estate in the county where that property is located. This allows the court to handle only Georgia assets. See O.C.G.A. § 53-12-40 (link).
3. Transferring an Open Estate
Georgia law does not provide a direct “transfer” of an open probate file between counties. If you filed in the wrong venue, you generally close the estate by final accounting and distribution, then reopen in the correct county. In practice, contact the Probate Court clerk for step-by-step instructions and local forms.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Verify the decedent’s county of domicile through a driver’s license, voter registration, or tax records.
- For nonresidents, identify all Georgia real property by checking county tax assessor records.
- Review local Probate Court websites for required forms, filing fees, and deadlines.
- Speak with the Probate Court clerk early to confirm venue and filing procedures.
- Consider hiring an attorney if the estate has out-of-state assets or multiple creditors.