How to open an estate in Georgia for a sibling who died without a will

Short answer: Under Georgia law, if your sibling died without a will (intestate), you generally must open a probate estate in the probate court of the county where your sibling lived to transfer title to their home, pay debts, and distribute assets to heirs. The usual steps are: obtain certified death certificates, identify heirs, determine whether a small‑estate procedure applies, petition the probate court for letters of administration, gather assets and pay valid claims, and then transfer or sell the house. This article explains each step and points you toward Georgia statutes and court resources.

Disclaimer

This is general information about Georgia law, not legal advice. I am not a lawyer. For help specific to your situation, consult a Georgia probate attorney or your local probate court.

1. Basic legal framework (intestate succession in Georgia)

If someone dies without a valid will in Georgia, their property passes according to Georgia’s intestacy rules (O.C.G.A. Title 53). Who inherits depends on the decedent’s surviving relatives (spouse, children, parents, siblings, etc.). If no spouse or children survive and the decedent’s parents are deceased, brothers and sisters (and their descendants) can inherit.

For official text of Georgia’s property/intestate statutes, see the Georgia Code (Title 53) on the Georgia General Assembly website: https://www.legis.ga.gov/.

2. Do you need to open probate for the house?

Not every asset requires formal probate. Georgia offers some limited simplified procedures for small estates or for transferring certain types of property. However, real estate (a house) almost always requires some probate action or a court‑approved transfer document because title must be changed in county records.

Contact the probate court in the county where your sibling lived to confirm whether a small‑estate or affidavit procedure applies, or whether formal administration is required. The Georgia Courts website has information on probate courts: https://georgiacourts.gov/.

3. Practical step‑by‑step process to open an estate in Georgia

1. Secure the property and documents
   • Visit the house promptly (with permission if it’s occupied) to secure it: lock doors, notify the mortgage company if there is a loan, and preserve valuables.
   • Gather key documents: certified death certificate(s), the deed to the property, mortgage statements, homeowner’s insurance, utility bills, bank account statements, and any records of debts or contracts.
2. Get certified death certificates

   Order multiple certified copies from the county vital records office. Probate courts, banks, and title companies will require certified copies.

3. Identify heirs and next of kin

   Using family knowledge, public records, or a genealogical check, determine whether the decedent had a surviving spouse, children, parents, or siblings. If you are trying to act as a potential administrator, you must disclose the likely heirs to the court.

4. Decide whether to use a simplified (small‑estate) procedure

   Some low‑value estates can be handled without full administration, but because real property is involved, the probate court will usually require a formal administration or a court order transferring title. Ask the probate court about local informal procedures or affidavit remedies that might avoid full probate.

5. File a petition for letters of administration

   If there is no will, a person (often a close family member) petitions the county probate court to be appointed administrator (sometimes called personal representative or executor when there is a will). The court issues letters of administration authorizing that person to collect assets, pay debts, and distribute the estate.

   Bring to the probate court: the death certificate, identification, a proposed list of heirs, and the deed/mortgage information. The court will advise local filing requirements and fees.

6. Inventory assets and notify interested parties

   The administrator must locate and inventory estate assets (including the house), notify beneficiaries and creditors as required by court rules, and manage the estate during administration. This often includes publishing a notice to creditors (requirements vary by county and case type).

7. Handle mortgage, taxes, insurance, and upkeep

   Keep mortgage payments current and maintain homeowner’s insurance. If the mortgage isn’t paid, the lender can pursue foreclosure. Continue paying property taxes to avoid liens or tax sale.

8. Resolve claims and pay debts

   Pay legitimate creditors from estate funds. The administrator should follow the probate court’s directions for handling claims. Do not distribute the property until debts and taxes are addressed or proper court approval is obtained.

9. Transfer title to heirs or sell the house

   After debts, taxes, and costs are paid, the administrator can transfer title to heirs under intestacy or sell the home if estate administration rules and the court allow. The deed must be prepared and recorded in the county’s land records.

10. Close the estate

    File the final accounting and petition for distribution and closing with the probate court. After the court approves, the administrator is discharged.

4. Typical documents and information the court will ask for

• Certified copy of the death certificate
• Original deed and any mortgage or lien information
• List of known heirs or next of kin and their contact information
• Inventory of assets and estimated values
• Creditor and debt information
• Personal identification for the person petitioning to be administrator

5. Who can be appointed administrator?

Georgia law generally prioritizes certain relatives for appointment as administrator (for example, a surviving spouse, adult child, parent, or other next of kin). If multiple people vie for appointment, the court decides who is appropriate. If no suitable family member is available, the court can appoint a public administrator.

6. Timing and common practical issues

• Probate timing varies by county and complexity. Simple estates may close in a few months; complex estates can take a year or longer.
• Mortgages and taxes are immediate practical concerns: keep them current to prevent foreclosure or tax sale.
• If heirs disagree about selling or keeping the house, disputes can lengthen probate and may require court resolution.

7. When to get a lawyer

Consider hiring a Georgia probate attorney if:

• The estate has substantial debts, complicated assets, or creditor disputes
• Heirs disagree about administration or distribution
• There are tax issues or risk of foreclosure
• You prefer someone experienced to prepare court paperwork and court appearances

Helpful links and resources

• Georgia General Assembly (Georgia Code / O.C.G.A.): https://www.legis.ga.gov/ (see Title 53 for property and intestate succession)
• Georgia Courts (information about probate courts): https://georgiacourts.gov/
• Contact your county probate court for local filing requirements and forms (search your county government website or the Georgia Courts site)

Helpful Hints

• Order several certified death certificates early — you will need them repeatedly.
• Secure the home and notify the mortgage company and insurance company right away.
• Make a list of likely heirs and ask the probate clerk for guidance on required notices and forms.
• Keep detailed records of all estate receipts, payments, and communications — you will need them for the inventory and final accounting.
• Ask the probate court whether a simplified procedure applies before spending on a full administration.
• If you expect disputes, consult a probate attorney before signing to avoid personal liability from improper distributions.

If you want, tell me the county where your sibling lived and I can outline likely local next steps (probate court contact, county recorder for the deed, and how to order death certificates).