Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
In Georgia, when someone dies without a will (intestate) owning a home, state law directs how title transfers among multiple heirs. The process involves several steps:
1. Open Probate and Appoint an Administrator
The probate court in the county where the decedent lived oversees the estate. An interested person—often a close relative—files a petition to open probate and seeks appointment as the estate’s administrator. Under O.C.G.A. § 53-6-1, the court issues letters of administration, granting authority to manage and distribute assets, including real property.
2. Determine Heirs Under Intestate Succession
Georgia’s intestacy statute, O.C.G.A. § 53-2-1, outlines distribution order:
- If the decedent married with children from that marriage, the spouse inherits one-half and children share the other half equally.
- If no spouse or children, property passes to parents equally or surviving parent.
- If no parents, to siblings or their descendants.
The court issues a determination of heirs order, naming each heir and share of the home.
3. Transfer Title via Deed
Once heirs and shares are established, the administrator executes a deed conveying the property to heirs as tenants in common, unless all agree on another ownership structure. The deed must:
- Identify the estate and reference the letters of administration.
- List each heir and their fractional interest.
- Be notarized and recorded with the county clerk/registrar.
4. Joint Ownership and Partition Options
Heirs become co-owners. They may:
- Agree to hold the property collectively.
- Sell their interests or the entire property.
- File a partition action in superior court to divide or order sale under O.C.G.A. § 44-6-220.
Throughout, the administrator must address taxes, liens, and creditor claims before distributing the home. Proper record-keeping and court filings ensure a valid transfer and clear title for heirs.
Helpful Hints
- Start probate promptly; Georgia law imposes time limits on creditor claims.
- Gather all title documents, mortgage statements, and tax records early.
- Consider a family meeting to agree on keeping or selling the inherited home.
- If heirs disagree, a partition action can force sale or division of proceeds.
- Consult a probate attorney to navigate filings, court hearings, and deed preparation.