{"id":139,"date":"2017-02-24T13:40:54","date_gmt":"2017-02-24T13:40:54","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=139"},"modified":"2024-04-25T23:21:09","modified_gmt":"2024-04-26T03:21:09","slug":"georgia-probate-and-real-property","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/georgia-probate-and-real-property\/","title":{"rendered":"Georgia Probate and Real Property"},"content":{"rendered":"\n

Probate is the legal process by which a decedent\u2019s property is\ntransferred to those entitled to receive it. All real property that does not\ntransfer by means of a survivorship interest or a recorded transfer on death\ndeed, or property held in a trust, is subject to probate.<\/p>\n\n\n\n\n\n\n\n

Petition to open probate should be made in the county in\nwhich the decedent was domiciled at the time of death. When there is a will,\nprobate may be opened in either solemn form or common form, the difference\nbeing the requirements to furnish notices and the ability to contest the\nprocedure after the final order. <\/p>\n\n\n\n

The probate court appoints a personal representative to\nadminister the decedent\u2019s estate. The umbrella term \u201cpersonal representative\u201d\nincludes both executors and administrators. Executors are those designated by a\ndecedent\u2019s will to administer the estate, and administrators are those\nappointed by the probate court when there is no will or there is not\ndesignation made in the will. A decedent who dies with a will is said to have\nleft a testate estate, and a decedent who dies without a will is said to have\nleft an intestate estate.<\/p>\n\n\n\n

To authorize the personal representative, the court issues\nletters. These are letters testamentary, when issued to an executor, or letters\nof administration, when issued to an administrator. A personal representative\nuses the letters to confirm their authorization to act on behalf of the estate\nto accomplish fiduciary duties, such as marshalling the decedent\u2019s assets,\npaying the estate\u2019s debts, and distributing the estate to beneficiaries (those\nnamed in a will) or heirs (an intestate decedent\u2019s next of kin). <\/p>\n\n\n\n

To distribute a decedent\u2019s real property, executors in\nGeorgia use an assent to devise. Per Georgia statute, title to property of an\nestate \u201cdoes not pass to the heirs or beneficiaries until the personal\nrepresentative assents thereto in evidence of the distribution of the property\nto them\u201d (OCGA \u00a7 53-8-15). The form is recorded with the land records in the\ncounty where the subject property is located, providing evidence that title has\npassed to the decedent\u2019s heirs or beneficiaries. Deeds of assent or\ndistribution are exempt from real estate transfer tax (OCGA \u00a7 48-6-2).<\/p>\n\n\n\n

Sometimes, a personal representative may be required to sell estate property pursuant to the terms of a will, to pay the estate\u2019s debts, or to consolidate an estate that will be split among multiple beneficiaries or heirs. Personal representatives have a statutory power to \u201csell, rent, lease, exchange, or otherwise dispose of property\u2026for the purpose of payment of debts, for distribution of the estate; or for any other purpose that is in the best interest of the estate\u201d (OCGA \u00a7 53-8-10). To do so, the personal representative files a petition with the probate court, with notice given to heirs or beneficiaries (\u00a7 53-8-13). To accomplish a conveyance of real property following sale, the personal representative uses an administrator\u2019s deed or an executor\u2019s deed, depending on their role.<\/p>\n\n\n\n

Available Georgia Probate Documents:<\/p>\n\n\n\n