How To Transfer A Deed After Death In Georgia: 9 Simple Steps

Wondering how to transfer a deed after death in Georgia?

In this article, you’ll learn about:

• the steps to transfer a deed after death
• how to handle your exact situation
• what to do whether there is or is not a will
• how long do you have to transfer a deed after death
• what happens to a house when someone dies
• how long the house can stay in their name

Table of Contents

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How To Transfer A Deed After Death In Georgia

Transferring a deed after death in Georgia involves several steps.

Consider consulting an attorney specializing in estate law in Georgia.

They can ensure proper handling of the property transfer.

Here is how to transfer a deed after death in Georgia:

1. Locate The Deed : Find the deceased person’s original deed, which may be stored with their important documents, filed with the county or local land records office, or with an estate planning attorney .
2. Determine The Type Of Deed : Identify the type of deed, such as joint tenancy with right of survivorship , tenancy in common, transfer on death deed , or life estate deeds . Each type has different rules for transferring property after the owner’s death.
3. Assess The Estate Plan : Review the deceased person’s estate planning documents to determine if they’ve made specific provisions for the property.
4. Review Probate Requirement s: Consult an attorney to determine if probate is necessary in your case. Georgia offers a simplified probate process for smaller estates that meet certain criteria.
5. Obtain A Death Certificate : You will need a certified copy of the death certificate to initiate the property transfer process.
6. Complete Required Forms : Depending on the type of deed and whether probate is required, you may need to complete various forms, such as an affidavit of death, a deed of distribution, or a personal representative’s deed. Consult an attorney for guidance on the proper forms.
7. Pay Any Taxes Or Fees : Some property transfers may require payment of taxes or fees, such as Georgia’s estate tax, if applicable, or recording fees.
8. File The Documents : Submit the completed forms and supporting documents (including the death certificate) to the appropriate county or local land records office for recording. This step officially transfers the deed to the new owner.
9. Update Title Insurance And Property Tax Records : Notify the title insurance company and local tax assessor’s office about the change in ownership.

Is Probate Needed To Transfer A Deed After Death In Georgia?

In this section, we’ll discuss what happens to a person’s property after they pass away.

The steps needed to transfer the property may vary depending on how it’s owned.

We’ll cover scenarios like:

• co-ownership
• living trusts
• transfer-on-death deeds
• sole ownership

Along with Georgia’s simplified probate process for small estates.

Co-Owned As Joint Tenants With Right Of Survivorship: No Probate Required

Let’s say the person who passed away owned the property together with others .

And that they owned it as joint tenants with the right of survivorship

The remaining owners automatically get the deceased person’s share.

No probate proceeding is necessary for this situation.

But some paperwork is required to update the deed and land records.

Co-Owned As Tenants In Common: Probate Required

Let’s say the person who passed away owned property with others as tenants in common .

Their share doesn’t go directly to the other owners.

The share is given based on the person’s will or Georgia’s laws if there’s no will .

Probate is usually needed to transfer the share to the right people.

Property Owned In A Revocable Living Trust: No Probate Required

Let’s say the person who died had already put the property in a revocable living trust.

It doesn’t go through probate in this scenario.

Instead, the person named in the trust document:

• takes care of the property
• gives it to the right people as the trust says, without needing probate.

Property With A Transfer-On-Death (TOD) Deed: No Probate Required

Georgia allows transfer-on-death (TOD) deeds.

This allows property owners to name a beneficiary to inherit the property when they die.

With a TOD deed, the property goes straight to the beneficiary, skipping probate.

But, updating the deed and land records needs some paperwork.

Property In A Sole Name: Probate Required

Let’s say the deceased owned property alone, without a TOD deed or trust naming a beneficiary.

In this situation, probate becomes necessary.

The executor or administrator takes charge of the property transfer.

They follow the deceased’s will or, when there’s no will, Georgia’s laws for such cases.

Simplified Probate For Small Estates: Probate Required, But Simplified

Georgia provides a simplified probate process for small estates meeting specific criteria.

For example, the estate’s value must be below a certain limit, which is $50,000.

All heirs must agree to use the expedited process.

This faster process can reduce costs and save time.

However, probate proceedings are still necessary.

How A Will Affects Transferring A Deed After A Death In Georgia

When a property owner dies, their property must be transferred to their beneficiaries or heirs.

Transferring a deed after someone’s death in Georgia:

• can be complicated
• varies depending on whether the deceased person had a will

In this section, we’ll discuss the steps involved in transferring a deed after death.

Both with and without a will.

This can help ensure a smooth transfer of property and avoid legal issues.

Transfer Of Property After Death With Will

When a deceased person has a will, transferring the deed may be more straightforward.

The executor named in the will handles the transfer of the property.

They file the will in probate court and obtain legal authority to manage the estate.

Then, the executor can transfer the deed to the beneficiaries named in the will.

Transfer Of Property After Death Without Will

In such cases, the property may need to go through probate court.

And an administrator gets appointed to manage the estate.

The administrator will then distribute the property according to Georgia’s intestacy laws.

These determine who the rightful heirs of the estate are.

After this process is complete, the administrator can transfer the deed to the beneficiaries.