Detailed answer

Under Georgia law, the place you open probate generally depends on two main things: the decedent’s legal domicile (where they were considered to live for legal purposes) and where the decedent’s assets are located. The state where the person was domiciled at death is the appropriate place for the primary probate or administration. A second state may require an ancillary probate only if the decedent owned property located in that second state.

How domicile controls primary probate

“Domicile” is more than a temporary residence. It means the place the person intended to remain or return to and where they had established a permanent home. If the decedent was domiciled in State A at death, State A’s probate court is usually the correct forum to admit a will and appoint a personal representative.

What happens if the person died in one state but was domiciled in another?

The location of death (where the death occurred) rarely creates a right to primary probate by itself. For example, if a person was living and domiciled in North Carolina but happened to die while visiting Virginia, North Carolina would normally be the state for primary probate because it was the domicile. Virginia might handle immediate, short-term issues (like issuing a local death certificate), but not necessarily the administration of the entire estate unless the decedent was domiciled in Virginia.

When Georgia probate is required

Under Georgia procedures, you would only open a Georgia probate if:

• The decedent was domiciled in Georgia at death, or
• The decedent owned real property or other significant assets located in Georgia that require a local probate or ancillary administration to transfer or clear title.

If the decedent neither lived in Georgia nor owned property here, there is generally no need to open a Georgia probate estate.

Ancillary probate in Georgia

If a non‑Georgia domiciliary owned Georgia real property (land, a house), creditors or buyers will usually require that the property’s title be cleared through Georgia probate or an ancillary administration. Georgia probate courts handle matters related to property and transfer of title located in Georgia even when the main estate administration is taking place in another state.

How courts coordinate across states

States accept probates and letters testamentary or letters of administration issued by probate courts in other states. If you first open probate in the decedent’s state of domicile, the executor or personal representative can often obtain certified documents from that court (letters testamentary/administration, exemplified copy of the will) and present them to a Georgia probate court to qualify as a foreign personal representative or to open ancillary administration for Georgia assets.

Practical examples

Example 1: The decedent lived (domiciled) in North Carolina and died while visiting Virginia. The decedent owned no property in Georgia. Under Georgia law, you would not open probate in Georgia. Primary probate should be in North Carolina; Virginia would handle death certificate matters. Georgia would be irrelevant unless assets are discovered here.

Example 2: The decedent lived in North Carolina, died in Virginia, but owned a vacation property in Georgia. Primary probate should still be opened in North Carolina (domicile). To deal with the Georgia real property, you would also open an ancillary administration (or otherwise qualify the foreign personal representative) in the appropriate Georgia probate court to transfer or sell the Georgia property.

Where to find the relevant Georgia law and rules

Georgia’s probate statutes and court procedures govern how estates and ancillary administrations are handled. For general statutory text and to locate specific probate provisions, see the Georgia Code (Title 53 and related provisions) at the Georgia General Assembly website: https://www.legis.ga.gov/legislation/georgia-code. For practical guidance from the courts about probate process and local court contacts, see the Georgia Judicial Branch: https://www.georgiacourts.gov.

Helpful Hints

• Determine the decedent’s domicile. Collect evidence: last tax returns, voter registration, driver’s license, and where they intended to live permanently.
• Make an inventory of all assets and where they are located (real property, bank accounts, investment accounts, vehicles). Property located in Georgia may trigger an ancillary probate here.
• Locate the original will (if any) and any beneficiary designations (retirement accounts, life insurance). These often pass outside probate.
• Obtain multiple certified death certificates. Courts, banks, and title companies typically require originals or certified copies.
• If the main probate is in another state, obtain certified letters testamentary or administration from that state’s court for use in Georgia to prove the authority of the personal representative.
• Contact the probate clerk in the Georgia county where property is located early to learn local filing requirements and fees.
• Consider whether a small‑estate affidavit or summary procedure applies (both location and size limits vary by state).
• Talk with an attorney licensed in the state where the decedent was domiciled for primary administration questions, and with a Georgia probate attorney if there are Georgia assets. If multiple states are involved, an attorney experienced in multi‑jurisdictional estate administration can help coordinate filings.