Interstate Probate? GA ~ TX

What is the name of your state (only U.S. law)? TEXAS
I'm almost 5 months into this and it seems I've just been spinning my wheels.
My Dad died intestate in a nursing home in Fulton Co. GA in Sept 2009.
I live in Ellis Co. TX. and was not able to travel to GA so I made and paid for all the arrangements over the phone. Sad but I have a disabled child and couldn't make the long trip.
My brother who lived in Tennessee was caring for all my Dad's affairs passed away after a brief battle with cancer in Jan 2009. His widow doesn't know anything...they had only been married for 2 years.
I hired a lawyer to have myself named executrix of his estate so I could claim whatever my father owned. His estate appears to be minimal after his 3 years in a nursing home and is worth about $35K. A bank is holding some money and a lockbox, a mortgage company has the balance of a sale of a house and I have two checks made out to "The estate of....." totalling $2600 that were refunds from the nursing home...we paid in advance.

Anyway the GA lawyer I hired filed the paperwork in Nov 2009 after everyone was notified and waited for claims on the estate.
Jan 2010 I received a "copy" of Petitions For Letters Of Administration from the Fulton Co. GA,
Fulton Co. probate had copies sent to the Ellis Co. clerks office to file and have the probate judge sign.
After a month I finally called the Ellis Co Clerks office and they said they sent the papers back. They had no idea what or why they would even be involved.
So what is going on? Do I have to hire a Texas attorney too?
After paying for my dad's funeral and the legal expenses so far, retainer and filing fees, I am over $5K in the hole. I cannot afford another penny...honestly I took out a loan from the bank to pay for the funeral.

HELP!!!! Will the FINAL ORDER from GA naming me ADMINISTRATOR be sufficient to settle his estate even though I an a resident of Texas?What is the name of your state (only U.S. law)?

I don't know how or why you got Texas involved... Based solely on the information in your post, Texas has nothing to do with this.

You need to contact your GEORGIA based probate attorney and get him do what is needed to process the estate and close it out.

Aaaghhhh! WHAT?
I am only doing what HE said had to be done.
Is he misinformed?
He said from day one TEXAS had to be involved...I'm not an attorney I'm clueless and relying on his knowledge.
This attorney was the partner of the attorney my parents used and my grandparents used (the partner died 1 month before my Dad) and so far I've paid him $1000 retainer and $260 in filing fees and received a signed non sealed "copy" of PETITION FOR LETTERS OF ADMINISTRATION ~ FINAL ORDER.

What do I need to tell him to do BECAUSE apparently he is clueless.

Simply, if all of your fathers assets (property, vehicle, accounts, etc.) are located in Georgia, that is where the probate should be handled.
I suggest you look at the following website:
http://www.gaprobate.org/loved_one.php

You might also try to get hold of a copy of the following book:
http://search.barnesandnoble.com/booksearch/isbninquiry.asp?EAN=9781892407856

Unless he had assets in Texas (and there is nothing in your post to suggest that), I don't see any reason for any estate activity needs to be done IN Texas.
Did your father have ANY 'titled' (real property, vehicle, etc.) in Texas??

Yes, what you said is true and the estate has been probated in GA BUT I now understand the problem lies with ME.

The state of GEORGIA requires the administrator of the estate to take an "oath of office". It doesn't matter if I live in GA or Timbuktoo.

Since I cannot go to GA to do this IT must go through my county probate judge. My county clerk was as clueless as I was. The attorney said they either did not read the cover letter he provided or the Fulton Co. court didn't include it

It's just a matter of TX doesn't have the same probate laws as GA.
But the fact is I have to take the "oath of office" in front of a TX judge to officially be the administrator of my dads GA estate.

I feel better now and YOU learned something new!!! We both win! Thanks JETX!

I can't find ANYWHERE in the Georgia probate code that REQUIRES you to have a Georgia based notary to verify your 'oath of office'.

The following is from the Georgia Code:
§ 53-6-24. (Revised Probate Code of 1998) Oath or affirmation of administrator

(a) Every administrator, upon qualification (which qualification may be done at any time if appointed at a regular term), shall take and subscribe an oath or affirmation in substantially the following form:
"I do solemnly swear (or affirm) that __________, deceased, died intestate so far as I know or believe, and that I will well and truly administer the estate in accordance with the laws of Georgia. So help me God."

(b) The oath or affirmation of an administrator as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The probate court appointing the administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any state to administer the oath or affirmation.

You need to get the attorney in Georgia to ask the court to "grant a commission" to a judge or clerk in Texas.. then have that judge or clerk validate your signature on the form.

BTW, here is a lot of good information on GA probate:
http://www.gaprobate.org/
and
http://www.catoosa.com/probate court/duties.htm

LOL!!!
No you are right I don't need to take the oath in front of a GA judge but I do need to take the oath in front of a Texas judge

AND I do believe that is exactly what I stated in my last post BUT thanks anyway.

That's why Fulton Co. sent the Final Order to the Ellis Co. probate judge so HE could administer the oath!
Ellis Co. was just clueless so they sent it back.

Hopefully it will all be over soon.

JanBee said:

That's why Fulton Co. sent the Final Order to the Ellis Co. probate judge so HE could administer the oath!

Click to expand...

They should have sent the document to YOU... and let you take it to a judge or clerk with an explanation.

Ellis Co. was just clueless so they sent it back.

Click to expand...

Of course they did. I would also have sent some unsolicited document back... or more likely would have just tossed it.

Well, now that we're all satisfied with the conjecture. Case dismissed.
Once again thanks!