If a decedent (person who is deceased) has real property or tangible personal property in a state other than the state where the decedent lived at the time of death (primary residence or domicile), an ancillary probate proceeding in the other state where the property is located will probably be necessary to transfer title to the property—unless, for example, the decedent took steps to transfer title to the property before death. After the domiciliary probate process is initiated in the state of the decedent’s primary residence, the executor or administrator of the estate may open an ancillary probate proceeding in the state where the property is located.

The ancillary probate is usually an abbreviated process that relies in whole or in part on the domiciliary probate court’s admission or acceptance of the will for probate. Thus, any challenges to the validity of the will generally must be made in the domiciliary probate court. And once the domiciliary probate court admits the will to probate and grants the executor or administrator authority to act on behalf of the estate (letters testamentary, letters of administration), the executor may file a copy of the will and the letters testamentary or letters of administration in the ancillary probate court. The ancillary probate court will then admit the will to probate in that state as a foreign will, giving the executor or administrator the authority to transfer or sell the property in the ancillary probate state.

In Georgia, if a decedent owned real or tangible personal property in a state other than their primary residence, an ancillary probate proceeding may be necessary in that other state to transfer the property's title. This is typically required after the primary probate process has begun in the state where the decedent was domiciled. The ancillary probate process in Georgia is more streamlined and relies on the primary probate court's decisions, including the admission of the will to probate and the appointment of the executor or administrator. Challenges to the will's validity are generally addressed in the primary probate court. Once the will is admitted to probate and the executor or administrator receives the authority to act (through letters testamentary or letters of administration), these documents can be filed in the ancillary probate court in Georgia. The court will then recognize the will as a foreign will, allowing the executor or administrator to manage, transfer, or sell the property within Georgia.