The Cost of a Multi-State Probate Without a Trust
When a Georgia resident dies owning rental properties in multiple states, the estate opens a primary probate proceeding in Georgia — and a separate ancillary proceeding in every other state where real property is titled in the owner’s name.
These proceedings do not share a timeline. They do not share an attorney. They do not combine costs. Each state runs its own case under its own law, and each case generates its own attorney fees, filing fees, and court costs.
For a Georgia investor with properties in three states, the total cost of estate settlement can reach $50,000 to $80,000 or more across all proceedings — before carrying costs, property management during probate, or contested claims are factored in.
For a full overview of how each state’s proceeding works, see Out-of-State Rental Property and Probate in Georgia.
Georgia Probate Costs for a Real Estate Investor
Georgia does not set a statutory fee schedule for probate attorneys. Fees are unregulated and charged at market rate: $350–$450 per hour, or as a flat fee of $3,000–$8,000 for straightforward estates. Complex estates — including those with real property, LLCs, or multiple asset classes — routinely exceed those ranges.
On top of attorney fees, executor commissions are set by statute. Under O.C.G.A. § 53-6-60(b), the executor receives 2.5% of all money received into the estate plus 2.5% of all money disbursed — effectively 5% of all estate assets flowing through the executor’s hands. On a $400,000 estate, that commission reaches $20,000 before a single attorney bill is paid. The executor also receives a 10% commission on any interest earned during administration.
The Georgia probate timeline for a real estate investor with multiple properties runs 18 to 30 months for an uncontested estate. For a full breakdown, see How Much Does It Cost When Georgia Rental Properties Go Through Probate.
Florida Ancillary Probate — What It Actually Costs
Florida is the most expensive ancillary jurisdiction a Georgia investor is likely to face. Attorney fees follow a statutory schedule under F.S. § 733.6171: $3,000 for the first $100,000 of estate value, then 3% on amounts between $100,001 and $1,000,000.
On a single $400,000 Florida rental property, the attorney fee is approximately $12,000. On a $500,000 property, it reaches $15,000. These are fees for the Florida attorney alone — your Georgia attorney handles Georgia separately.
Florida law creates an additional cost most investors do not anticipate. F.S. § 733.6171 explicitly classifies ancillary administration as an extraordinary service, entitling Florida attorneys to further reasonable compensation beyond the ordinary fee schedule. This is a statutory mechanism that applies to every out-of-state decedent’s Florida property. The base fee applies first; the ancillary classification permits additional fees on top of it.
Personal representative commissions in Florida mirror the attorney fee schedule under F.S. § 733.617 and are sometimes waived by family members. If not waived on a $400,000 property, commissions add another $12,000 to the total.
North Carolina Ancillary Probate
A Georgia investor who dies owning North Carolina rental property must open a separate ancillary proceeding under N.C. Gen. Stat. Chapter 28A, Article 26. The property itself stays in North Carolina administration — it cannot be transferred to the Georgia representative — until it is either sold or formally distributed through the North Carolina court.
Once the North Carolina property is sold, the proceeds transfer to the domiciliary representative in Georgia. Until that point, the property is frozen inside the North Carolina proceeding.
North Carolina does not publish a statutory attorney fee schedule for ancillary probate. Fees are set at market rate. For a property worth $300,000–$500,000, expect fees to run $3,000–$6,000 (estimate — obtain a local quote).
What Happens to Rental Income While Probate Runs
This is the cost most investors do not plan for.
During probate — in every state — rental income belongs to the estate, not the heirs. The executor steps into the landlord role: collecting rent, managing properties, complying with landlord-tenant law in each state, and maintaining financial records for the court.
Beneficiaries cannot access rental income until probate closes and the court approves final distribution after all debts, taxes, and fees are paid.
For a portfolio generating $8,000 per month in gross rental income across three states, an 18-month probate proceeding means $144,000 in gross rents flowing through the estate — subject to administration costs and estate income tax — before a dollar reaches the heirs.
The LLC Membership Interest Problem
Many Georgia investors hold rental properties inside single-member LLCs, assuming the LLC structure avoids probate. For the Georgia property, the LLC does not solve the problem.
Under O.C.G.A. § 14-11-506, when a Georgia LLC member dies, the executor receives the rights of an assignee of the membership interest — not the full membership rights. The LLC membership interest itself is a Georgia probate asset.
If the Georgia LLC holds out-of-state rental property, the property is titled in the LLC’s name — which generally avoids ancillary probate in that state. But the Georgia LLC membership interest still goes through Georgia probate. If you held the out-of-state property in your personal name or in a separate state LLC, ancillary probate in that state applies directly.
No LLC configuration eliminates the probate problem without a trust holding the membership interest. For the full cost breakdown of the complete structure, see How Much Does It Cost to Set Up an LLC for a Rental Property in Georgia.
How a Revocable Trust Eliminates the Multi-State Problem
A revocable living trust solves the multi-state probate problem at the root. When real property is titled in the name of the trust before the owner’s death, there is no probate estate in that state — and no ancillary proceeding.
1
Title each property into the trust
Each property requires a deed transfer executed under the law of the state where the property sits. Georgia deed rules do not govern Florida or North Carolina deeds. Each state’s transfer requirements apply separately.
2
Assign LLC membership interests to the trust
For properties held inside an LLC, the membership interest is assigned to the trust. The trust becomes the LLC member. When the investor dies, the successor trustee steps in — no probate, no court, no executor commission.
3
Update LLC operating agreements
The operating agreement must reflect the trust as member. An operating agreement that still names the individual leaves the membership interest exposed to probate even if the assignment was made. Both documents must match.
4
The successor trustee administers all properties on day one
When the investor dies, the successor trustee takes over immediately across every state. No court. No waiting. Rent is collected and assets distributed on the trust’s timeline — not the probate court’s calendar.
The complete setup costs $3,500–$6,000 for a typical Georgia real estate investor. See How Much Does Estate Planning Cost for a Real Estate Investor in Georgia for the full price breakdown. For a full overview of estate planning for your rental portfolio, see Estate Planning for Your Real Estate Portfolio.
The Full Cost Comparison
| Scenario |
Cost |
Timeline |
| Georgia probate (primary) |
$3,000–$8,000+ attorney fees + executor commissions |
18–30 months |
| Florida ancillary (one property) |
$12,000–$15,000+ attorney fees |
9–18 months (runs separately) |
| North Carolina ancillary (one property) |
$3,000–$6,000 attorney fees (est.) |
9–18 months (runs separately) |
| Each additional state |
$3,000–$6,000+ per state |
9–18 months each |
| Rental income locked during probate |
$8,000–$15,000/month inaccessible |
Full duration of all proceedings |
| Revocable trust (prevents all of the above) |
$3,500–$6,000 one-time |
Set up in 4–6 weeks |
