Detailed Answer

1. The basic legal framework

When someone dies, Georgia law takes two primary paths to decide who owns their property:

• If the decedent left a valid will, the will controls who inherits property after the will is proved (admitted to probate) by the probate court.
• If the decedent died without a valid will (intestate), Georgia’s intestacy rules determine heirs. The probate court supervises distribution under those rules.

Official information about Georgia courts and probate procedures is available from the Georgia Courts website: georgiacourts.gov/probate. The Georgia General Assembly website contains the state code and related statutes: legis.ga.gov.

2. Which records and offices determine ownership and heirship?

Check the following sources in this order. Each one will help you establish whether property passed by will, intestacy, deed, or other means:

1. Death certificate — The legal death date and place help identify the county with jurisdiction. Georgia Vital Records: dph.georgia.gov/VitalRecords.
2. Search for a will and the probate file — Wills are filed in the probate court for the county where the decedent lived (or sometimes where the real property is located). Contact that county’s probate court to ask whether a will was filed and whether an estate administration is open. See the Georgia Probate Courts page: georgiacourts.gov/probate.
3. Letters testamentary or letters of administration — If the court appointed an executor or administrator, that document (letters) identifies the person authorized to manage the estate. The letters are part of the probate file.
4. County property records (deeds) — Real estate ownership and transfers are recorded at the county Superior Court Clerk (deeds office) where the property is located. Searching the deed chain will show current ownership on the public record and any transfers recorded after death. In many Georgia counties you can search online or contact the clerk’s office directly. (The Georgia Superior Court Clerks’ cooperative website lists resources for clerks: gsccca.org.)
5. Tax and title records — County tax assessor and local title companies can confirm who is being billed for property taxes and who appears on title-related documents.
6. Probate inventories and estate distributions — The probate file may include an inventory of estate assets and notices of distribution that name heirs and show how real property will be handled.

3. Common scenarios and what they mean

Decedent left a will

If there is a valid will that has been admitted to probate, the executor named in the will (or the personal representative appointed by the probate court) oversees distributing assets according to the will. The probate file will show the beneficiaries named in the will and any transfers of property.

No will (intestate)

Georgia’s intestacy rules decide who inherits when there is no valid will. Typically:

• The surviving spouse and children have priority.
• If there is no spouse or descendant, closer relatives (parents, siblings, nieces/nephews, grandparents, etc.) may inherit under the statutory order.

To learn the precise order used in Georgia, review the Georgia statutes on intestate succession via the General Assembly site: legis.ga.gov.

Property held jointly or in trust

Some property may pass outside probate. Examples include:

• Joint tenancy with right of survivorship — the surviving joint owner typically becomes sole owner automatically.
• Property held in a revocable or irrevocable trust — trust terms (and sometimes a successor trustee) govern transfer.
• Property with a transfer-on-death beneficiary or payable-on-death account — those contracts override probate for that item if properly designated.

Look at the deed, title documents, bank account registrations, and trust paperwork to determine whether an asset passes outside probate.

4. If heirs are unknown or there is a dispute

Common problems include missing heirs, unclear wills, conflicting claims, or property that hasn’t been retitled. Typical legal steps include:

• Filing a formal probate case (if no administration exists).
• Publishing notice to unknown heirs (court-supervised notice typically required when heirs are unknown).
• Filing a quiet title action if ownership is unclear or if marketable title is needed for sale.
• Pursuing a declaratory judgment or heirship determination in probate court when heirship is disputed or uncertain.

These actions often involve filing specific pleadings and following court rules; many people consult an attorney when matters are contested or complex.

5. Practical step-by-step checklist

1. Obtain certified copies of the death certificate from Georgia Vital Records: dph.georgia.gov/VitalRecords.
2. Search for a will and probate filings at the probate court in the county where your grandparent lived. Contact the probate clerk and ask whether an estate case exists.
3. If a probate case exists, request or obtain copies of the will, letters, inventory, and distribution documents from the probate file.
4. If no probate is open and you are an interested party, file to open an estate administration or petition for appointment of an administrator at the county probate court.
5. Search county deed records at the clerk of superior court to see who holds title to the property and whether any transfers were recorded after death.
6. Check for joint ownership, trusts, or beneficiary designations that may transfer property outside probate.
7. If heirs can’t be located or ownership is disputed, consider hiring an attorney to file for heirship determination, quiet title, or to represent you in probate litigation.

6. When to consult an attorney

Consider getting an attorney if any of the following apply:

• There is a dispute over the will or who the heirs are.
• Property was informally transferred, or the chain of title is messy.
• Unknown or missing heirs must be located.
• A quiet title, partition, or heirship determination is needed for sale or transfer.

An attorney can explain Georgia-specific procedures, file required court documents, and protect your interests in contested matters.

Helpful Hints

• Start at the probate court in the county where your grandparent lived. Probate courts handle wills and estate administration in Georgia: georgiacourts.gov/probate.
• Bring a certified death certificate when making records requests — many offices require it.
• Search the deed records where the property is located (Superior Court Clerk/deed office) to confirm current recorded ownership before relying on family statements.
• Joint ownership and trusts can transfer property outside probate; check deeds and trust documents carefully.
• If you find a will but it hasn’t been probated, file it with the probate court—there are specific deadlines for initiating probate in some situations.
• Records and procedures differ by county; clerk staff can explain local filing steps and fees but cannot give legal advice.
• When heirs are not immediately obvious, the probate court can require notice by publication and other steps to locate them; don’t assume silence means no claim.
• Keep careful records: copies of death certificate, any will, deeds, correspondence with county offices, and any court filings you submit.