How to Secure and Inventory a Deceased Person's House — Georgia | Georgia Probate | FastCounsel
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How to Secure and Inventory a Deceased Person's House — Georgia

August 12, 2025 6 min read

Secure, Inventory, and Protect Household Property Pending Estate Administration in Georgia

Short answer: Act quickly to secure the home, document everything, and begin the probate process so you can obtain letters of administration. If family members remove property or threaten to, call law enforcement for trespass/theft and notify the probate court when you file for administration so the court can issue orders to protect the estate. This page explains practical steps under Georgia probate practice and points you to official resources. This is not legal advice.

Detailed answer — practical steps under Georgia law

1) Understand the legal baseline

Under Georgia probate practice, an appointed personal representative (executor or administrator) has the legal authority to collect, preserve, and distribute estate assets. Prior to appointment, no heir has exclusive legal authority to control or dispose of estate property merely because they are a family member. To obtain formal authority you must petition the probate court for letters of administration or letters testamentary. See Georgia probate resources: Official Code of Georgia (Title 53, Probate Matters) and general probate information at the Georgia Courts site: georgiacourts.gov.

2) Immediate safety and security steps (do these right away)

  • Ensure safety first. If the house is not safe to enter (structural damage, animals, unlocked doors inviting strangers), do not enter alone; contact local authorities or a professional.
  • Change or rekey locks only if you own the property or have permission. If the house is estate property, changing locks without consent can create disputes. If people are removing property, call police to report trespass or theft and request a report so there is a record.
  • Secure the premises temporarily: board broken windows, lock exterior doors, turn on lights, and stop utilities only if necessary to prevent damage (avoid shutting off utilities if doing so will cause harm to fragile property).
  • Ask a neutral third party (trusted friend, neighbor, or professional property manager) to check the house regularly and to serve as a witness to any activity.

3) Create a thorough inventory and documentation

Before assets move, create a contemporaneous record. Quality documentation reduces disputes and helps the eventual administrator prepare the formal inventory required by probate courts.

  • Photograph and videotape every room from multiple angles. Capture close-ups of valuables (jewelry, heirlooms, electronics), serial numbers, and identifying marks.
  • Create a written list with item descriptions, estimated values, approximate locations in the house, and serial numbers when available.
  • Collect receipts, appraisals, titles, and warranty documents where possible.
  • Store copies off-site or in cloud storage so documentation remains safe even if someone tampers with the property.
  • If firearms are present, note them carefully and follow local law for safe storage; if you suspect unlawful handling, contact law enforcement.

4) Communicate clearly and in writing

Send a neutral written notice (email or certified letter) to siblings and other heirs stating that you are taking steps to secure and inventory the property and that no one should remove items until the probate court has appointed a personal representative. Keep copies of all communications. A calm, documented approach helps later in court if property disappears.

5) Start the probate process promptly

File a petition for letters of administration or for probate of the will with the local probate court in the county where the decedent lived. Once you file, the court docket and your petition create a public record and the court can act to protect assets. After appointment, a personal representative receives formal authority (letters) to collect and protect estate property and to demand return of property taken wrongfully.

Resources: contact the county probate court clerk or visit the Georgia Courts site (georgiacourts.gov) for local forms and filing procedures.

6) If someone removes or threatens to remove property

  • Call the police if theft, trespass, or threats occur. Ask for a written police report.
  • If items have been removed, document exactly what is missing, including photos of the empty space and any witnesses’ statements.
  • When you file for administration, bring evidence of the removal to the probate court and ask the judge for appropriate relief—this can include an order to recover property or to freeze handling by the person who removed items.
  • In urgent situations, ask the court for temporary relief (such as a protective order or a temporary injunction) to preserve estate property until the administrator is appointed. The availability and procedure for emergency relief will vary by county and judge.

7) Avoid certain mistakes

  • Do not secretly remove property you think belongs to you; taking items before legal authority risks criminal charges or civil claims.
  • Do not alter or dispose of estate property (including opening safety deposit boxes) until you have legal authority, unless necessary to preserve life or property and you document why action was necessary.
  • Do not rely solely on verbal promises from relatives; get things in writing where possible.

8) After appointment — formal inventory and appraisal

Once appointed, the administrator prepares and files a formal inventory and appraisal of estate assets as required by the probate process. Georgia probate practice requires administrators to identify estate assets, pay debts and taxes, and distribute remaining assets according to the will or Georgia intestacy law. Consult the local probate clerk for filing deadlines and form requirements.

Helpful Hints

  • Act quickly but calmly — immediate documentation prevents later disputes.
  • Keep a paper and digital folder with photos, inventories, correspondence, and police reports.
  • If family tensions are high, hire a neutral property manager or locksmith through an agency to secure the home and provide receipts.
  • Consider hiring an appraiser for high-value items (jewelry, artwork) early; appraisals help set accurate estate values and minimize argument.
  • When contacting the probate court, ask about emergency or ex parte procedures for urgent protection of estate property.
  • If you anticipate disputes, consult a Georgia probate attorney early—an attorney can file petitions, request court orders, and advise on criminal vs. probate remedies.
  • Remember law enforcement handles criminal acts (theft, trespass); the probate court handles title, possession, and distribution issues for estate property.

Where to find official resources

Disclaimer: This article explains general Georgia probate practice and common steps for securing and inventorying a home pending estate administration. It is educational only and not legal advice. Rules and procedures vary by county and by judge. For help specific to your situation, contact a licensed Georgia probate attorney or the local probate court clerk.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.