Schedule Appointment
Call Now

How To Transfer Property After A Death Without A Will In Georgia

How To Transfer Property After A Death Without A Will In Georgia
Free Guide: How to Start Probate in Georgia Without Delays or Mistakes

Not sure what to file, what documents you need, or if probate is even required?

This free guide walks you through:

  • How to know if probate is legally required
  • What documents the court expects (and what to do if you’re missing any)
  • Where most people get delayed—and how to avoid it
  • What to do next, even if you’re handling it yourself

Whether you’re filing on your own or just trying to figure things out, this guide gives you a clear starting point.

📩 Want the full PDF? We’ll send it to your inbox.

When there is not a will, the property has to go through probate to get transferred. 

There are three things we need to cover here: 

  • intestate succession laws (who will get the property)
  • the probate process (how to get the property)
  • how to transfer the property (getting the property into your name)

Intestate Succession

The property will get split up per Georgia’s intestate succession laws. 

Here are the different scenarios: 

  • Spouse, But No Kids: The spouse inherits everything.
  • Spouse With Kids: The estate is divided evenly, with the spouse receiving at least one-third.
  • No Spouse Or Kids: The estate goes to the parents first, then to aunts and uncles, and finally to cousins.

Ex 1: Your spouse passes and you have 3 kids. 

  • You’d get one-third of the estate (33.3%).
  • The 3 kids would evenly split the remaining 66.7% (22.2% each). 

Ex 2: Your spouse passes and you have 1 kid. 

  • You’d each get 50% of your spouse’s estate. 

The Probate Process

When there is not a will, this is what the probate process looks like: 

  1. File Petition: Submit a petition to the probate court in the decedent’s county.
  2. Appoint Administrator: The court appoints an estate administrator.
  3. Inventory Assets: The administrator identifies and values all estate assets.
  4. Notify Creditors: Notify creditors and settle any debts.
  5. Identify Heirs: Determine heirs according to intestate succession laws.
  6. Obtain Court Approval: Get court approval to distribute assets.
  7. Transfer Assets: Distribute assets to heirs, including transferring real estate.
  8. Close Estate: File a final accounting with the court and close the estate.

The administrator is usually the closest relative, like a spouse or child. 

How To Transfer Property To The Heirs

This is expanding on Step 7 in the Probate Process from above. 

Your steps to transfer property will be: 

  1. Prepare the Deed: Draft a quitclaim deed to transfer ownership.
  2. Sign the Deed: The administrator must sign the deed in front of a notary and two witnesses.
  3. Notarize the Deed: The deed must be notarized to ensure its legal validity.
  4. Record the Deed: Submit the deed to the Clerk of Superior Court in the county where the property is located.
  5. Pay Transfer Tax: Pay the real estate transfer tax at the time of recording.
  6. Update Property Records: Update the tax assessor’s office and any relevant property records (i.e., homeowner’s insurance policies).
  7. Obtain a Copy of the Recorded Deed: Get a certified copy of the recorded deed.
  8. Notify Interested Parties: Inform any relevant parties (i.e., mortgage company, HOA) about the ownership transfer.

Get Help From A Probate Lawyer

Transferring real estate can get confusing.

Our probate lawyers will make sure that you have correctly: 

  • settled debts and taxes
  • inventoried the estate 
  • picked out the deed types
  • filled out the deed
  • transferred the property into your name

If you do this incorrectly, you could: 

  • face estate litigation from other heirs
  • have an invalid deed and title issues
  • financial losses for you and the heirs
  • be personally liable for creditor claims on the estate
  • face fines and legal complications if you’re not compliant with Georgia laws

Fill out the form to talk to a probate lawyer today.

Free Guide: How to Start Probate in Georgia Without Delays or Mistakes

Not sure what to file, what documents you need, or if probate is even required?

This free guide walks you through:

  • How to know if probate is legally required
  • What documents the court expects (and what to do if you’re missing any)
  • Where most people get delayed—and how to avoid it
  • What to do next, even if you’re handling it yourself

Whether you’re filing on your own or just trying to figure things out, this guide gives you a clear starting point.

📩 Want the full PDF? We’ll send it to your inbox.