How to Probate Real Estate Without an Attorney in Georgia

Introduction

If you’ve inherited property in Georgia and aren’t sure where to start, you’re not alone. Many families face confusion about how to handle real estate after a loved one passes away — especially when trying to avoid expensive legal fees. The good news? You can probate real estate in Georgia without an attorney if you follow the right steps.

Step 1: Determine if Probate Is Required

If the property was jointly owned with rights of survivorship, it might transfer automatically. But if the property was solely in the deceased person’s name, probate is required to legally transfer or sell it.

Step 2: Identify the Right Probate Type

Georgia offers several probate options:

• Solemn Form Probate (most common)

• Common Form Probate (simpler, but less final)

• No Administration Necessary (if all heirs agree and no debts remain)

You can find all official forms on the Georgia Probate Court Standard Forms website.

Step 3: File the Petition

File your petition in the probate court of the county where the deceased person lived. Bring:

• Death certificate

• Will (if one exists)

• Names and addresses of all heirs

Once the court approves your petition, you’ll receive Letters of Administration or Letters Testamentary, giving you authority to manage the property.

Step 4: Handle Debts and Taxes

Before transferring or selling, make sure all debts and taxes are paid from the estate. Keep receipts and records — the court may require proof.

Step 5: Transfer or Sell the Property

Once the court grants authority, you can record a new deed transferring the property or file a Petition for Leave to Sellif needed. Always record the new deed in the county’s Superior Court Clerk’s office.

Probating real estate in Georgia doesn’t have to be intimidating. With the right forms and careful attention to detail, you can successfully handle the process on your own.

If you’re managing a probate home in Georgia, I’m a Probate Certified Realtor® with hands-on experience helping families sell estate properties quickly and respectfully.

Disclaimer: These examples are for informational purposes only and are not legal advice. It is recommended to consult with a legal professional to draft a disclaimer that fits your specific needs and complies with all relevant laws.