Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a Georgia resident dies owning real estate in another state, you may avoid a full ancillary probate if all heirs agree and the out-of-state property qualifies under that jurisdiction’s small-estate or heirship affidavit rules. Follow these core steps:
1. Confirm Ancillary Probate Requirements
Review the laws of the state where the real property sits. Many states exempt small estates from full ancillary administration when the property value falls below a threshold. If the property qualifies, you may use an affidavit process rather than open a full ancillary estate.
2. Gather Essential Documents
- Certified death certificate of the decedent
- Original will (if one exists) or evidence of intestacy under Georgia law
- Recorded deed showing the decedent’s ownership and legal property description
- Heirship affidavit or small estate affidavit form for the property’s state
3. Identify Heirs Under Georgia Intestacy Rules
If the decedent died without a will, Georgia’s intestacy statutes (O.C.G.A. § 53-2-1 et seq.) govern heirship. Collect each heir’s full name, relationship, and signature. Under O.C.G.A. § 53-3-210, estates with gross assets under $10,000 may dispense with administration in Georgia, but real property in another state follows that state’s rules (O.C.G.A. § 53-3-210).
4. Prepare and Execute the Affidavit and Deed
- Complete the foreign state’s affidavit of heirship or small estate affidavit. Include decedent’s name, date of death, property description, and list of heirs.
- Draft a new deed conveying the decedent’s share to the heirs (or purchaser) with full legal description.
- Have all heirs sign both documents before a notary public and any required witnesses.
5. Record Documents in the Property State
Submit the affidavit and signed deed to the county recorder (or registry) where the property lies. Pay any recording fees and transfer taxes. Once recorded, title passes to the heirs (or new owner) without full ancillary probate.
6. Update Georgia Records (If Needed)
If Georgia property or personal items remain in the decedent’s name, consider filing a small estate affidavit or voluntary administration under Georgia law to clear title (O.C.G.A. § 53-3-350).
Helpful Hints
- Double-check the small-estate threshold in the other state to confirm eligibility.
- Obtain certified copies of all documents to satisfy county recorder requirements.
- Ensure the legal description on the affidavit matches the recorded deed exactly.
- Consider a local title company or attorney review to avoid filing errors.
- Keep detailed records of fees and filings for each jurisdiction.
- Account for any state transfer or inheritance taxes at the time of recording.