Steps to Include Real Property in a Georgia Estate
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Including real property in a decedent’s estate in Georgia typically requires probate administration unless the property passes outside probate by operation of law.
- Verify Ownership and Title Transfers
Review the deed and title to determine if the property passes outside probate. Georgia allows Transfer-on-Death deeds under O.C.G.A. § 44-6A-50. Joint tenancy or tenancy by the entirety may also avoid probate.
- File a Probate Petition
If the property remains solely in the decedent’s name, file a petition for administration in the Superior Court of the county where the decedent resided. See O.C.G.A. § 53-2-1.
- Obtain Letters of Administration or Testamentary
The court appoints a personal representative (executor or administrator). This authority is evidenced by Letters Testamentary or Letters of Administration. See O.C.G.A. § 53-2-142.
- Inventory and Appraise the Estate
The personal representative must inventory all estate assets, including real property, and file it with the court. Georgia law requires this within 90 days of qualification. See O.C.G.A. § 53-7-45.
- Record Authority and Clear Title
Record certified Letters with the Clerk of Superior Court in the county where the real property is located. This step confirms the representative’s authority to manage or transfer the estate property.
- Sell or Transfer the Property
If the estate plan or cash needs require a sale, the personal representative must seek court approval for sale. See O.C.G.A. § 53-13-1. Otherwise, prepare and record a deed transferring the property to beneficiaries per the will or intestacy rules.
Helpful Hints
- Confirm the deed type: look for TOD deeds, joint tenancy, or trust ownership.
- Verify deadlines: Georgia requires an inventory within 90 days of appointment.
- Keep clear records of all filings and court orders.
- Consult the county court clerk for local recording requirements.
- Consider an attorney for complex title issues or large estates.