Right of Survivorship in Georgia: 5 Big Issues

Right of Survivorship in Georgia

Right of survivorship in Georgia:

  • transfers ownership automatically to the surviving owners
  • avoids the probate process 

In this article, you’ll learn about: 

  • what right of survivorship is
  • how to set it up
  • negative aspects you should know about
  • tenants in common vs right of survivorship 
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Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.

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What Is Right Of Survivorship In Georgia?

The right of survivorship in Georgia transfers property easily when one of the owners dies. 

Here’s how it works:

  • Automatic Transfer: When an owner dies, their part of the property automatically goes to the other owner(s).
  • No Probate Needed: You don’t need to go through probate to transfer the property.
  • Equal Shares: All owners usually have equal parts of the property. When one owner dies, their part goes to the remaining owner(s).

This rule makes it simple and clear who owns the property after someone dies. 

Right of survivorship ownership is usually held by:

  • married couples who own a home together
  • business partners
  • parents who want to make sure their kids get the property easily

Note: JTWROS is not always the best option for co-owning with kids. 

Ask our probate lawyers what the risks are so that you’re aware. 

How To Set Up Right Of Survivorship In Georgia

Now, let’s talk about how to set up the right of survivorship in Georgia. 

  1. Make the Deed: Have a lawyer write a deed that says you want a joint tenancy with the right of survivorship.
  2. Use the Right Words: Make sure the deed includes words like “as joint tenants with right of survivorship.”
  3. List All Owners: Write down the names of everyone who owns the property together.
  4. Sign the Deed: Everyone who owns the property must sign the deed in front of a notary public and two witnesses.
  5. File the Deed: Take the signed deed to the county clerk’s office where the property is located and file it.
  6. Get Title Insurance: Think about getting title insurance to protect against future property ownership problems.
  7. Check the Filing: Make sure the deed is correctly filed and shows the joint tenancy with the right of survivorship.

Fill out the form on this page to have our lawyers set this up. 

Legal Challenges You Could Face

  • Family Disputes: Family members might argue about the property transfer, leading to costly legal battles.
  • Paperwork Mistakes: Errors in the deed or filing can invalidate the transfer.
  • Taxes: Inherited property may incur taxes, and sometimes property taxes increase after the transfer.
  • Title Issues: Ensure the property is free of legal problems, and consider title insurance to protect against hidden issues.
  • Debts: The inheritor may have to handle the deceased’s debts, but trusts can help protect the property from creditors.

Tenants In Common vs. Right Of Survivorship

These are the main differences between tenants in common and right of survivorship in Georgia.

FeatureTenants in CommonRight of Survivorship
Ownership SharesOwners have different-sized sharesOwners have equal shares
InheritanceThe share goes to family or chosen people after probateShare automatically goes to other owners without probate
Transfer of InterestOwners can sell or give away their shares without asking othersAll owners must agree, or it changes to tenants in common if someone sells their share

Georgia Tenants In Common

  • Ownership Shares: Each person owns a separate part of the property. These parts can be of different percentages.
  • Inheritance: When one owner dies, their part goes to their family or people they chose in a will via the probate process. It does not automatically go to the other owners. 
  • Flexibility: Owners can sell or give away their part of the property without asking the other owners.

Let’s say you co-own with a spouse and want your portion to go to them. 

You’d need to opt for JTWROS instead. 

Otherwise, your portion of the house gets split up per the will or intestate laws.

Joint Tenancy With Right Of Survivorship

Joint tenants with the right of survivorship is the most common setup.

  • Equal Ownership: All owners have equal parts of the property.
  • Automatic Transfer: When one owner dies, their part automatically goes to the other owner(s) without probate, making the transfer fast and easy.
  • Unity of Title: All owners get their share at the same time, in the same way, and have the same rights to the whole property.
  • Severance: This type of ownership can change to tenants in common if an owner sells their part or if everyone agrees to change it.

This is an ideal setup for spouses, even if they get the house in the will. 

It allows surviving spouses to avoid the probate process (and creditors).

Get Help From A Probate Lawyer

Are you overwhelmed trying to figure out your right of survivorship in Georgia

Our probate attorneys handle everything for you.

We specialize in taking as much as possible off your plate so that you are not: 

  • personally financially liable
  • accidentally breaking the law
  • filling out the paperwork wrong
  • not notifying or paying off creditors
  • dealing with disputes among family and partners

Fill out the form to get a have us fill out your Petition for FREE.

Get Your Free Probate Petition

Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).

Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.

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Name*

What Areas We Serve For Probate

Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.