Detailed Answer — step-by-step guide under Georgia law

If your parent died without a will (intestate) and the house was only in your parent’s name, you generally must use Georgia probate procedures to put title in you and your siblings’ names. The process below explains the typical path, common variations, and what to expect.

1. Confirm how the house is titled

Check the deed at the county clerk/recorder’s office. Common possibilities:

• Sole ownership in the deceased parent’s name — probate usually required to transfer title.
• Joint tenancy with right of survivorship or tenancy by the entirety — the surviving owner(s) often take title automatically; probate may not be required.
• Deed with a transfer-on-death (TOD) designation — if Georgia TOD or beneficiary deed was used, the beneficiary may be able to record evidence of death and take title without full probate.

If you are not sure which category applies, obtain a copy of the recorded deed from the county where the house is located or request a title search from a title company.

2. Determine who the legal heirs are (intestacy rules)

When someone dies intestate in Georgia, state intestacy rules decide who inherits. Usually a surviving spouse and children are primary heirs, but the exact split depends on whether the children are also children of the surviving spouse and other family circumstances. The Georgia statutes that govern intestate succession are found in Title 53 of the Official Code of Georgia (intestate succession provisions and related probate rules).

For general information about probate and heirs in Georgia, see the Georgia courts site: https://georgiacourts.gov/ (search “probate” or “intestate succession”). You may also review the Georgia Code (Title 53) on the Georgia General Assembly website: https://www.legis.ga.gov/ and search for the official codified sections on intestate succession and estate administration.

3. Open an estate with the local probate court (administration)

If the house is solely in the decedent’s name, a person (usually a spouse or adult child) must ask the probate court to open an estate and appoint a personal representative (also called an administrator). The administrator obtains authority from the court (letters of administration) to manage and transfer estate property.

Basic steps:

1. File a petition for administration with the probate court in the county where the decedent lived or where the property is located.
2. Provide the death certificate and any known information about heirs and creditors.
3. The court issues letters of administration to the appointed administrator, who can then act for the estate (pay debts, manage assets, and, when authorized, transfer title).

Contact your county probate court for local forms and filing requirements; many probate courts have webpages, staff, or clerks who can explain the filing process.

4. Small estate rules and whether they apply to the house

Some states permit simplified procedures for small estates. In Georgia, simplified procedures often apply only to certain personal property and limited amounts; transferring real estate by a short affidavit may not always be allowed. Because the house is real property, you should not assume a small-estate affidavit will clear title. Check the probate court and state statute for whether a summary process can be used for real property in your situation.

5. Administrator’s actions to transfer the house

Once appointed, the administrator typically does the following to pass title to the heirs:

• Identify and notify heirs and creditors.
• Pay valid debts, mortgages, and taxes from estate funds or arrange for their handling.
• Obtain court approval if necessary for the distribution of real property. In many intestate cases, the court will enter an order approving distribution of the property to the heirs named under Georgia law.
• Prepare and sign a deed transferring the property from the estate to the heirs (as tenants in common, joint tenants, etc., depending on the heirs’ agreement or court order).
• Record the deed in the county deed records to put title into the heirs’ names officially.

6. When co-heirs disagree or one heir wants to sell

If siblings cannot agree about keeping or selling the house, options include:

• Agreeing among the heirs to sell and split proceeds.
• The estate selling the property and dividing proceeds under court direction.
• Filing a partition action (usually in the county superior court) to force a sale or physically divide the property if co-owners cannot agree.

7. Practical timelines and costs

Probate timelines vary. Straightforward administrations can take a few months; contested or complex estates take longer. Expect court filing fees, possible publication or notice costs, and administrative or attorney fees if you hire counsel. If there is a mortgage or unpaid taxes, the matter takes additional time to clear.

8. When to hire a Georgia attorney

Consider hiring an attorney if any of the following apply:

• The heirs dispute who gets the house or how to divide it.
• The estate has significant debts, liens, mortgages, or tax issues.
• The title is unclear, or there are unknown heirs or complicated family relationships.
• You need help with court petitions, notices, or preparing deeds and recording documents.

Ask a probate attorney about costs and whether limited-scope representation (help with only certain tasks) is available.

Key official resources

• Georgia Courts (probate information and links to resources): https://georgiacourts.gov/
• Georgia General Assembly (search Title 53 — probate and intestacy statutes): https://www.legis.ga.gov/

Helpful Hints

• Get multiple certified copies of the death certificate early — you will need them for title companies, banks, and the probate court.
• Obtain a copy of the recorded deed from the county recorder or clerk to confirm how title was held.
• Do a title search or talk with a title company to uncover mortgages, liens, or easements before transferring title.
• Contact the local probate court clerk for forms, filing fees, and procedural guidance for your county.
• If you agree with your siblings on how to handle the house, put that agreement in writing and consider asking the court to approve it to avoid later disputes.
• If the house has a mortgage, notify the lender promptly. Mortgage obligations generally survive the borrower’s death and must be paid or assumed.
• Keep full records of estate communications, notices, and receipts. The administrator must account to the court and heirs for estate actions.
• Consider a partition sale only after exploring buyout options—sometimes one heir can buy out others at an agreed value to keep the home in the family.
• Ask whether title insurance or a quiet-title action is advisable if title defects or gaps in ownership history appear.
• Remember: statutes and procedures change. Confirm current rules with the probate court or a licensed Georgia attorney before acting.