What Happens To A House When The Owner Dies And There Is No Will In Georgia? (6 Critical Steps)

What Happens To A House When The Owner Dies And There Is No Will In Georgia

You’re wondering what happens to a house when the owner dies and there is no will in Georgia. 

In this article, you’ll learn:

  • how the house gets split up (based on your situation)
  • the steps you’ll need to take for probate

Keep scrolling to learn more.

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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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What Happens To A House When The Owner Dies And There Is No Will?

In Georgia, if someone dies without a will, intestate law decides who gets the house 

Who inherits the house depends on who is left in the family:

  • Spouse and Children: The spouse and children share the house and other property. The spouse gets at least one-third, and the children share the rest.
  • Spouse Only: If there are no children, the spouse gets everything, including the house.
  • Children Only: If there’s no spouse, the children split everything equally.
  • No Spouse or Children: If there’s no spouse or children, the house goes to the closest family members, like parents or siblings, and if they aren’t alive, then to other relatives.

How To Probate A House In Georgia When There Is No Will

Here’s a simple guide to help you probate a house in Georgia when someone dies without a will.

Step 1: Check if Probate is Needed

First, find out if probate is required. 

Let’s say:

The surviving owner automatically gets the house, and probate may not be needed. 

But let’s say the house was owned only by the person who passed away.

You’ll likely need to go through probate.

Step 2: Become the Administrator

To manage the estate, you need to be appointed as the administrator

Download and fill out the “Petition for Letters of Administration.” 

(Fill out the form to have us fill this out for you.)

You’ll also need to let all close family members know that you’re applying to be the administrator. 

The court can give you the forms and help you understand what to do.

Step 3: List All Assets and Debts

As the administrator, your job is to make a list of everything the person owned and owed. 

Gather important papers like:

  • the house deed
  • mortgage statements
  • any bills 

Then, make a list of all:

  • the assets (like the house) 
  • the debts (like the mortgage)

Then, give this list to the court. 

Keeping everything organized in a folder can help.

Step 4: Pay Debts and Taxes

Before you can give out any property, you need to pay off any debts and taxes. 

You may need to let creditors know by placing a notice in a local newspaper. 

Review any bills that come in and pay them with the estate’s money. 

If there isn’t enough money, you might need to sell some things to cover the costs.

Step 5: Transfer the House to the Heirs

Once the debts are paid, you can transfer the house to the heirs. 

To do this, you’ll need to create a “Deed of Assent” to officially transfer the house from the estate to the heirs. 

Then, file the deed with the county’s land records office to make it official. 

If you’re unsure how to do this, you can ask a real estate lawyer to help.

Step 6: Close the Estate

After you have paid creditors and distributed assets, it’s time to close the estate. 

The executor of a will needs to: 

  1. Distribute Assets: After paying all debts and taxes, the executor distributes the remaining assets to the beneficiaries according to the will.
  2. Close the Estate Bank Account: Once all assets have been distributed, and no further transactions are needed, the executor closes the estate’s bank account. Any remaining funds should already be distributed before this step.
  3. Prepare a Final Report: The executor creates a report listing all financial activities, including payments made, assets distributed, and the closure of the estate bank account.
  4. Submit the Report to Court: This report is submitted to the probate court for review to ensure everything was handled correctly.
  5. Get Court Approval: The court reviews and approves the final report, confirming that the executor has fulfilled their duties.
  6. Request Discharge: After court approval, the executor asks to be officially released from their responsibilities.

Our probate lawyers can guide you through this process. 

Get Help From A Probate Lawyer

Are you overwhelmed trying to figure out what happens to a house when the owner dies and there is no will 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.