How To Transfer Property After A Death Without A Will In Georgia

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When there is not a will, the property has to go through probate to get transferred.

There are three things we need to cover here:

Intestate Succession

Here are the different scenarios:

Spouse, But No Kids: The spouse inherits everything.
Spouse With Kids: The estate is divided evenly, with the spouse receiving at least one-third.
No Spouse Or Kids: The estate goes to the parents first, then to aunts and uncles, and finally to cousins.

Ex 1: Your spouse passes and you have 3 kids.

Ex 2: Your spouse passes and you have 1 kid.

When there is not a will, this is what the probate process looks like:

File Petition: Submit a petition to the probate court in the decedent’s county.
Appoint Administrator: The court appoints an estate administrator.
Inventory Assets: The administrator identifies and values all estate assets.
Notify Creditors: Notify creditors and settle any debts.
Identify Heirs: Determine heirs according to intestate succession laws.
Obtain Court Approval: Get court approval to distribute assets.
Transfer Assets: Distribute assets to heirs, including transferring real estate.
Close Estate: File a final accounting with the court and close the estate.

The administrator is usually the closest relative, like a spouse or child.

This is expanding on Step 7 in the Probate Process from above.

Your steps to transfer property will be:

Prepare the Deed: Draft a quitclaim deed to transfer ownership.
Sign the Deed: The administrator must sign the deed in front of a notary and two witnesses.
Notarize the Deed: The deed must be notarized to ensure its legal validity.
Record the Deed: Submit the deed to the Clerk of Superior Court in the county where the property is located.
Pay Transfer Tax: Pay the real estate transfer tax at the time of recording.
Update Property Records: Update the tax assessor’s office and any relevant property records (i.e., homeowner’s insurance policies).
Obtain a Copy of the Recorded Deed: Get a certified copy of the recorded deed.
Notify Interested Parties: Inform any relevant parties (i.e., mortgage company, HOA) about the ownership transfer.

Transferring real estate can get confusing.

Our probate lawyers will make sure that you have correctly:

If you do this incorrectly, you could: