What is the first thing to do when you inherit a house in Georgia?

Protect the house. Lock it, write down who has keys, keep the utilities on, and call the homeowners insurance company to tell them the owner died and the house may sit empty. Many policies stop covering vandalism and some other damage after the house has been vacant for 30 or 60 days, depending on the policy. None of this needs a court, and all of it can be done in the first few days.

Do I have to file the will with the probate court?

Yes. Under O.C.G.A. 53-5-5, anyone holding a will must file it with the probate court of the county with jurisdiction "with reasonable promptness," and the court can hold someone in contempt for withholding it. Filing the will is not the same as opening probate. It just puts the original where it belongs.

Which county probate court handles the estate?

The probate court of the county where the person was domiciled when they died, under O.C.G.A. 53-5-1. If they were living in a nursing home or similar facility, Georgia presumes their domicile is the county they lived in before they moved there, although that presumption can be overcome.

Can I keep the house if it still has a mortgage?

Usually, as long as the payments keep getting made. Federal law, 12 U.S.C. 1701j-3(d), stops a lender from calling the loan due just because a home with fewer than five units passed to a relative after the borrower died, or because the borrower's spouse or children became owners. Call the servicer, tell them the borrower died, and ask what they need from you.

Does Georgia have an inheritance tax?

No. Georgia has no inheritance tax, and its estate tax only applies to people who died before January 1, 2005, according to the Georgia Department of Revenue. Heirs can still owe income tax on rent the house earns, and capital gains tax if they later sell for more than the house was worth at the date of death, so talk to a tax preparer before you sell.

Inherited a House in Georgia? What to Do First

When you inherit a house in Georgia, the first month is about protecting the house and getting the paperwork in order, not about selling it. Secure the property and keep it insured in the first few days. Find the will and get it to the probate court. Then figure out which of three paths the house is on: it passes outside probate, it goes through probate with a will, or it goes through probate without one. Everything else, including whether to keep, rent, or sell, gets easier once those are done. We are home buyers, not attorneys, and this is not legal advice; use it as the map and have a Georgia probate attorney read your actual documents.

What should you do in the first three days?

Protect the house, because none of the important early steps involve a court. Specifically:

Lock it and know who has keys. Write down every person with a key or a garage code.
Leave the belongings in place for now. Ask relatives to wait before taking anything, even small keepsakes, until there is a list. This is where most family arguments start.
Walk every room with your phone recording. Open closets and drawers. The video is your inventory, and it protects everyone.
Call the homeowners insurance company. Tell them the owner died and the house may sit empty. Many standard policies exclude vandalism once a house has been vacant for 30 or 60 consecutive days, depending on the policy, and some exclude freeze damage in a vacant house unless the heat was kept on or the water was shut off and drained. Ask whether you need vacant-home coverage.
Keep the power, water, and pest control on. A shut-off house in a Georgia summer can grow mold quickly.
Find the mortgage statement, if there is one, and set it aside for week three.

What paperwork do you need in the first week?

Start with certified copies of the death certificate, then find the will. Banks, insurers, the mortgage servicer, and the probate court will each want a certified copy. Through Georgia Vital Records, the first certified copy is $25 and each additional copy ordered at the same time is $5, so order several at once.

Next, find the will. Check the person’s papers, any safe deposit box, and their attorney’s office; some people file their will with the probate court while they are still alive. Whoever has the original must file it with the probate court “with reasonable promptness” (O.C.G.A. 53-5-5), and the right court is the one in the county where the person was domiciled at death (O.C.G.A. 53-5-1).

While you are looking, gather these into one folder:

The deed to the house
Mortgage or home equity loan statements
The most recent property tax bill
The homeowners insurance policy
Bank and investment statements, and any life insurance policies
Recent medical, hospital, or nursing home bills
Any trust documents
Names and addresses for the spouse, children, and other close family

Which probate path is the house on?

It depends on how the house was titled and whether there is a will, and every next step follows from the answer. There are three possibilities.

The house passes outside probate. If the deed shows the deceased owned it jointly with someone else with right of survivorship, that person may already own it. If it was held in a living trust, the trustee handles it under the trust. A house titled only in the deceased person’s name generally goes through probate. Our guide to whether you have to go through probate to sell a house in Georgia covers the exceptions in more detail.

There is a will. The executor named in it asks the probate court to admit the will and issue letters testamentary, which is the court’s document confirming who can act for the estate. Georgia offers two forms. Probate in solemn form gives the heirs formal notice and is conclusive on everyone served (O.C.G.A. 53-5-20). Probate in common form is faster up front but does not become conclusive until four years after the order (O.C.G.A. 53-5-19). Your attorney will recommend one; ask why.

There is no will. Georgia’s intestacy statute decides who inherits (O.C.G.A. 53-2-1). A spouse with no children or other descendants inherits everything. A spouse and children share equally, except the spouse never receives less than a one-third share. Children with no surviving spouse share equally, and if a child already died, that child’s descendants take the child’s share. After that come parents, then siblings, then more distant relatives. Someone also has to be appointed administrator. The heirs can agree on who; if they cannot, the court chooses, starting with the surviving spouse and then the other heirs (O.C.G.A. 53-6-20). Our guide to whether an administrator can sell a house in Georgia with no will picks up from there.

Is there a shortcut that skips full administration?

Sometimes, and it is worth asking about in week two. If there is no will, every heir agrees in writing on how to divide the estate, and the estate has no debts (or its known creditors consent or are served), the heirs can petition for an order that no administration is necessary under O.C.G.A. 53-2-40. The court then records that order in the deed records of each county where the deceased owned real estate, which is what later lets the house change hands. If the house has a security deed on it, the lender has to consent or be served.

A second option belongs only to a surviving spouse and minor children. A year’s support petition asks the probate court to set aside property, which can include the house, for their support, and it has to be filed within 24 months of the death (O.C.G.A. 53-3-5). If that might apply to you, read our guide to year’s support in Georgia and raise it with an attorney early, because it can change who ends up holding title.

What happens with the mortgage and the bills?

Keep paying what protects the house, and stop before paying the deceased person’s debts out of your own pocket. In week three:

Call the mortgage servicer. Tell them the borrower died and ask what they need. Under 12 U.S.C. 1701j-3(d), a lender generally cannot call the loan due just because a home with fewer than five units passed to a relative after the borrower’s death, or because the spouse or children became owners. The payments still have to be made. Our guide to selling an inherited house with a mortgage or HELOC covers what happens when they cannot be.
Keep the property taxes and insurance current. Neither pauses for probate.
Let the estate pay the estate’s debts. Debts are paid from the estate in an order Georgia law sets, not by the heirs personally.
Ask about small bank accounts. When there is no will, a Georgia bank may pay up to $15,000 from the deceased person’s account to the surviving spouse, or if none, the children, then the parents, then the siblings, on a sworn affidavit and without a full probate (O.C.G.A. 7-1-239).

On taxes, Georgia has no inheritance tax and no estate tax for current deaths, according to the Georgia Department of Revenue. Income from the house and gains on a later sale can still be taxable, so check with a tax preparer.

What should you do while the probate court works?

Sort the contents and run the numbers on the house, and hold off on handing out money. Once an executor or administrator is appointed, they must publish a notice to creditors in the county’s legal newspaper once a week for four weeks, starting within 60 days of being appointed. Creditors who do not come forward within three months after the last notice lose important rights to be paid ahead of others (O.C.G.A. 53-7-41). Do not distribute estate money to family until the attorney says that period has been handled.

In the meantime:

Start sorting the belongings. Set aside documents, photos, and anything the will names. Do not sell or give away anything valuable until you know who inherits it and whether the estate needs the money for debts. Our guide to estate cleanouts before a sale covers the options.
Add up what the empty house costs each month: mortgage, property taxes, insurance, utilities, lawn care, and any HOA dues. Multiply by the months you expect it to sit. That number drives the decision that comes next.

When can the house actually be sold?

Once someone has legal authority to sign the deed, which usually means an executor or administrator holding letters from the probate court. If the will incorporates the fiduciary powers in O.C.G.A. 53-12-261, the executor can sell without a separate court order. If it does not, the representative petitions the probate court for leave to sell and the heirs get notice first (O.C.G.A. 53-8-13); the heirs can also all consent to the court granting those broader powers (O.C.G.A. 53-7-1). If several family members are involved and they do not agree, our guide to selling an inherited house with siblings walks through how that usually gets resolved. For the full picture, start with our guide to selling an inherited house in Georgia.

Which metro Atlanta probate court do you call?

The one in the county where the person was domiciled. Call before you go, since some courts work by appointment.

Fulton County Probate Court, Estates Division: 136 Pryor Street SW, Suite C230, Atlanta, GA 30303. 404-612-4694. Walk-in Wednesdays for estate filings.
DeKalb County Probate Court, Wills and Estates: 556 North McDonough Street, 1100 Judicial Tower, Decatur, GA 30030. (404) 371-3022. Appointment only.
Cobb County Probate Court: 32 Waddell Street, Marietta, GA 30090. (770) 528-1900. Runs a free probate clinic with volunteer attorneys.
Gwinnett County Probate Court, Estate Division: 75 Langley Drive, Lawrenceville, GA 30046. 770-822-8350.
Clayton County Probate Court, Estates: Annex Building 3, 121 South McDonough Street, Jonesboro, GA 30236. (770) 477-3299.

Georgia’s standard probate forms are published by the Council of Probate Court Judges at gaprobate.gov.

What if you decide to sell the house as-is?

That is often the practical answer when the house needs work, the heirs live out of town, or the monthly costs keep piling up. We buy houses across metro Atlanta in their current condition, including houses still full of belongings; take the keepsakes and leave the rest. Send us the address and tell us where the estate stands: whether there is a will, whether letters have been issued, and what is owed on the house. We make a written cash offer, usually within about 24 hours, and a house can go under contract while probate is still open, with the closing set for after the letters arrive. Every closing goes through a Georgia closing attorney. No repairs, no cleanout, no commissions. Mighty Estates, LLC is family owned by Brandon and Venessa Barnes, based at 1954 Airport Rd Ste 133 in Chamblee, buying Georgia houses since 2016. Call (770) 799-8760 or send the address for an offer with no obligation.

Inherited a House in Georgia? What to Do in the First 30 Days