Transfer of property after death without will in georgia

Your relative may have passed away without having a last will and testament. When this happens, the intestacy succession laws found in the Georgia Probate Code will dictate who inherits the assets in the probate estate. Whether the deceased person left a surviving spouse is a determining factor, but surviving children, parents, or other relatives can also impact your inheritance. Below is a summary of the Georgia intestacy succession laws in various situations.

Table of Contents Show

Deceased Person Is Survived by a Spouse or Descendants
Survived by a Spouse and Descendants
Survived by a Spouse and no Descendants
Survived by Descendants and no Spouse
Deceased Person Is Not Survived by a Spouse or Descendants
Survived by one or Both Parents
Survived by Brothers or Sisters or Descendants of Brothers or Sister and no Parents
Not Survived by Parents, Brothers, Sisters, or Descendants of Brothers or Sisters
Not Survived by any Family Members
What You Can Inherit From a Georgia Intestate Estate
Who Owns Heirs Property, Where it’s Located and its Impact on Georgia’s Economy
Selling Heirs Property in Whole or Part
Property Tax Myths
Living (or Not Living) on the Property
Estate Planning Myths
Probate Myths
Who is an Heir?
How do I transfer a deed after death in Georgia?
Who has power of attorney after death if there is no will in Georgia?
Does Georgia recognize a transfer
What is the order of inheritance without a will?

Deceased Person Is Survived by a Spouse or Descendants

Spousal inheritance rights in Georgia depend on whether the deceased person is also survived by descendants, such as children, grandchildren, great-grandchildren, or others. Here is what will happen under the Georgia intestacy laws if there is a surviving spouse.

Survived by a Spouse and Descendants

In this case, the surviving spouse and the children will share equally in the probate estate. However, the surviving spouse's share may not be less than one-third of the property in the estate. In this situation, if the deceased person is survived by a spouse and one child, each will inherit one-half of the probate estate. However, the spouse will receive one-third of the probate estate if the deceased person is survived by a spouse and four children, and the children will equally divide the remaining two-thirds between themselves.

Survived by a Spouse and no Descendants

In this case, the surviving spouse will inherit the deceased spouse's entire probate estate.

Survived by Descendants and no Spouse

When there is no surviving spouse, the deceased person's descendants will inherit the entire probate estate according to per stirpes.

Deceased Person Is Not Survived by a Spouse or Descendants

Here is what will happen under the Georgia intestacy laws if the deceased person is not survived by a spouse, children, grandchildren, great-grandchildren, or any other descendants.

Survived by one or Both Parents

The parents of the deceased person will equally inherit the probate estate if both are living. If one of the parents is deceased, the entire probate estate is given to the sole surviving parent.

Survived by Brothers or Sisters or Descendants of Brothers or Sister and no Parents

The deceased person's brothers or sisters and the descendants of deceased brothers or sisters will inherit the probate estate. If any brothers or sisters are predeceased, their share is distributed to their children, the nieces, and nephews of the decedent, per stirpes.

Not Survived by Parents, Brothers, Sisters, or Descendants of Brothers or Sisters

Grandparents are next in line to inherit the deceased's property if there are no other close relatives. Otherwise, the belongings will go to aunts and uncles or their descendants, if any, or to first cousins.

Not Survived by any Family Members

In the unlikely circumstance that the deceased person is not survived by any family members as described above, then the entire probate estate will escheat to the State of Georgia.

What You Can Inherit From a Georgia Intestate Estate

Knowing what you might inherit if your relative dies without leaving a last will and testament and the relative was a resident of Georgia or owned real estate located in Georgia isn't always easy. Even if you determine based on the information presented above that you are entitled to an intestate share of your relative's estate, you may very well not inherit anything. Why? If your relative left all non-probate property or had a living trust, the estate made void the probate process in Georgia. You also might not get anything if the debts your relative owed at the time of death exceeded the value of the probate estate, which makes the estate insolvent.

If you are not sure of your legal rights as an intestate heir in Georgia, contact a probate attorney who specializes in Georgia probate law to find out.

Who Owns Heirs Property, Where it’s Located and its Impact on Georgia’s Economy

MYTH: My family is unique; we own land collectively.
FACT: Many families have heirs property or have a story about heirs property. Research conducted in 2017 found that 11% to 25% of properties in Georgia is probable heirs property.
MYTH: I’ve never heard of heirs property so I must not have it.
FACT: Heirs property is a legal term defined in Georgia law, but it goes by many names, such as: Family Land, Tangled Title, and Grandpa’s Land, even though grandpa may have been dead for several decades.
MYTH: Heirs property is only found in one area of Georgia.
FACT: Heirs property is found all across Georgia and all over the country. Heirs property can be found in rural and urban Georgia and includes houses, farms, forests, and commercial properties.
MYTH: Heirs property only has negative consequences for the owners and not for me.
FACT: Heirs property impacts all levels of community. Heirs property causes blight, which decreases neighborhoods’ stability, reduces housing values, and depresses a municipality’s tax base. Heirs property prevents banks from making loans and insurance companies from being able to issue policies.
MYTH: People who have heirs property know that they have heirs property.
FACT: Some individuals may not know they have heirs property. Even though someone lives on heirs property, the tax bill comes to them, and they were told by relatives that the home is theirs, it can still be heirs property. Other heirs may not live in Georgia, may never have seen the property, or even know they have ownership, yet they are also co-owners.

Selling Heirs Property in Whole or Part

MYTH: It’s not important to clear title to heirs property because heirs property status protects the property by preventing it from being sold.
FACT: Marketable title is necessary to protect and manage property especially since individual heirs’ interest in the property can be sold, making the property vulnerable to forced sales. Any one, family or non-family, who owns an interest in the property, no matter how small the interest, can force a sale.
MYTH: As an heirs property owner I can sell timber or produce from the heirs property.
FACT: A single heir does not have the right to sell timber or any other resource from the property without a written, legal agreement with the other heirs or permission from a court of law. Doing so is a form of theft.

Property Tax Myths

MYTH: I have a greater ownership interest than others because I pay the property taxes. / If I pay the property taxes, I own the property outright. If my family members don’t pay the property taxes, then the property belongs to me, and I can do whatever I want with it. / If someone pays all the back taxes, they own the property.
FACT: Paying current or back taxes does not increase your legal ownership of any real property, including heirs property.
MYTH: Buying heirs property at a tax sale clears the title.
FACT: When property is bought at a tax sale, the buyer obtains the title in whatever condition the title was in at the time of the sale. This means that if it was heirs property at the time of the sale, the buyer has bought a clouded title.
MYTH: If the tax bill is in my name, I own the property.
FACT: A tax bill does not indicate ownership of property.
MYTH: You aren’t responsible for the back taxes on the property if the deed holder passed away. Those are their debts.
MYTH: You aren’t responsible for the back taxes on the property if the deed holder passed away. Those are their debts.

Living (or Not Living) on the Property

MYTH: If I live in the house I legally own it.
FACT: Living in a house does not increase your legal ownership in heirs property.
MYTH: An heir can change the locks or restrict other heirs’ access to heirs property.
FACT: One heir cannot keep another heir from enjoyment of the property. All heirs have equal, legal right to use and possess the property.
MYTH: If I live on heirs property and take care of it, I can take out a loan against the property to put on a new roof or continue to farm the land.
FACT: An heir cannot use their partial interest in heirs property as collateral for a bank loan. Banks will not lend money to one heir who has a partial interest in a property, so loans with heirs property as collateral can only be obtained through the agreement of all heirs who co-own the property.
MYTH: If I am living in heirs property, I can qualify for home repair programs without the agreement of the other heirs.
FACT: Most home repair programs require clear title to the property, or require that all heirs are in written agreement to be considered eligible.
MYTH: Whoever lives on the heirs property and takes care of it automatically inherits the property upon the owner’s death.
FACT: Living in and caring for property (house or land) does not mean you inherit it all upon the current resident or owner’s death. All real property, if there is not a last will and testament, is passed down to all descendants of the person on the last recorded deed.
MYTH: If I own the largest interest in heirs property, then I get the most say in what happens to the property.
FACT: All heirs, no matter what percentage of their interest, are legal co-tenants with equal rights and equal say in the management and responsibility of the heirs property.

Agreements

MYTH: An heir cannot sell his or her interest in heirs property without the consent of the other heirs.
FACT: An heir can sell his or her interest in heirs property to any non-family or family member and does not need the consent of any other heir.
MYTH: Heirs property can’t be sold unless all of the heirs agree to it.
FACT: Under certain circumstances, such as a forced sale through a partition action or a tax sale, the property can be sold without all heirs agreeing.

Estate Planning Myths

MYTH: You cannot create heirs property in a last will and testament.
FACT: When you leave property to multiple beneficiaries in your will you have created heirs property. For example leaving your house to all of your children in your will makes them the owners of heirs property.

Probate Myths

MYTH: If I die without a last will and testament and do not have a Joint Tenancy with Survivorship Deed, my spouse inherits everything, even if I have living or deceased children.
FACT: Under Georgia law, if you pass away without a last will and testament and did not own your home with your spouse as joint tenants with right of survivorship, your children and your spouse inherit the property and co-own it together as tenants-in-common (aka heirs property). If one of your children has pre-deceased you, their children will inherit the deceased child’s portion.
MYTH: If a last will and testament says I am to inherit property, then as long as I keep the last will and testament safe, I legally own the property and do not need to go through the Probate Court process.
FACT: Title to real property can only pass to the beneficiaries of a last will and testament (including spouses and children) if the will goes through the Probate Court process. The named executor or anyone else in possession of an original last will and testament is required to submit it for probate or, if they don’t want to start the Probate Court process, file it with the county.

Who is an Heir?

MYTH: A spouse has to be on the deed to inherit a share of the property.
FACT: A spouse does not have to be on the deed to inherit a share of the property. A surviving spouse can inherit through a last will and testament or if there is none, under the Georgia intestacy laws. If there is no will and the deceased person also had children, the spouse and all of the children will inherit.
MYTH: Heirs property is a family problem and they are solely responsible for solving it.
FACT: To resolve and prevent heirs property, it takes a wide set of skills and people: ranging from attorneys to genealogists, elected officials, government employees, non-profit employees, and bankers.

How do I transfer a deed after death in Georgia?

The beneficiary needs to submit a copy of the deed to a probate court to receive the funds. The designated beneficiary must fill out a claim form and supply a copy of the death certificate to the bank to receive the funds in the account.

Who has power of attorney after death if there is no will in Georgia?

Under Georgia law, when the person passes away, the financial power of attorney immediately ends. When the person passes away, the will of the deceased or Georgia law for intestacy (which is a situation where there is no will) would then take over.

Does Georgia recognize a transfer

Georgia does not allow real estate to be transferred with transfer-on-death deeds.

What is the order of inheritance without a will?

If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.