Where is probate handled?
Probate usually occurs in the appropriate court in the State and County where the deceased permanently resided at the time of his or her death. Such courts go by different names in various states. In many states the court is simply called the Probate Court. The probate court usually handles all the personal property the deceased owned, plus all of the real estate that the deceased owned that is located in that same state.
In Georgia, Probate occurs in the Probate Court of the County where the deceased permanently resided in Georgia at the time of his or her death. Or, if the decedent was a non-resident of Georgia who owned property in Georgia, probate occurs in the Probate Court of the County where the decedents property was located. Why is probate necessary? The primary function of probate is transferring title of the decedents property to his or her heirs and/or beneficiaries. If there is no property to transfer, there is usually no need for probate. Another function of probate is to provide for the collection of any taxes due by reason of the deceased’s death or on the transfer of his or her property. The probate process also provides a mechanism for payment of outstanding debts and taxes of the estate, for setting a deadline for creditors to file claims (thus foreclosing any old or unpaid creditors from haunting heirs or beneficiaries) and for the distribution of the remainder of the estate’s proper
Probate usually occurs in the appropriate court in the State and County where the deceased permanently resided at the time of his or her death. Such courts go by different names in various states. In many states the court is simply called the Probate Court. However, in some states they go by different names. In New York, for example, the probate court is known as the Surrogate’s Court while in California it is the Superior Court, Probate Division. The probate court usually handles all the personal property the deceased owned, plus all of the real estate that the deceased owned that is located in that same state.
Probate usually occurs in the appropriate court in the State and County where the deceased permanently resided at the time of his or her death. Such courts go by different names in various states. In many states the court is simply called the Probate Court. However, in some states they go by different names. In New York, for example, the probate court is known as the Surrogate’s Court while in California it is the Superior Court, Probate Division. The probate court usually handles all the personal property the deceased owned, plus all of the real estate that the deceased owned that is located in that same state.
Probate usually occurs in the appropriate court in the State and County where the deceased permanently resided at the time of his or her death. Such courts go by different names in various states. In many states the court is simply called the Probate Court. However, in some states they go by different names. In New York, for example, the probate court is known as the Surrogates Court while in California it is the Superior Court, Probate Division. The probate court usually handles all the personal property the deceased owned as well as all of the real estate owned by the deceased in that same state. If the deceased owned out-of-state property, the laws of the other state govern who gets it (unless there is a Will). If there is a Will, after it is admitted to probate in the home state, it is usually submitted to probate in the other jurisdiction in which the deceased owned real property. That separate probate procedure is formally referred to as ancillary probate. If there is no Will, Pr
