Inherited a house in Georgia

You just inherited a house in Georgia. Here's exactly what to do first.

This is the page we wish every family had read before they signed anything. Whether there's a will or not, the first 30 days are where most of the damage happens. Read this, then call us if you have questions.

The 7-step roadmap.

Same first three steps whether there's a will or not. After that, the path forks.

1. 1

   Secure the house and the documents.

   Get keys. Change the locks if you're not sure who else has access. Find the deed, the most recent mortgage statement, the homeowner's insurance policy, and (if there is one) the will. The will is often in a safe deposit box, a fireproof home safe, or with the deceased's attorney.

2. 2

   Order certified copies of the death certificate.

   You'll need 6–10 of them. Banks, the mortgage servicer, the insurance company, the Social Security Administration, and the probate court all want originals or certified copies. Order them from the Georgia Department of Public Health or the county where the death occurred.

3. 3

   Keep the bills paid.

   The mortgage, property taxes, HOA dues, utilities, and insurance all continue. Federal law (the Garn-St. Germain Act) protects you from the bank calling the loan due just because the borrower died, as long as you keep paying. If the deceased had auto-pay set up from their bank account, that may stop when the bank freezes the account — switch the payments to a family member temporarily.

4. From here, the path depends on whether there's a will.

   With a will

   1. 4A

      Locate the named executor.

      The will names a person to manage the estate. If that's you, you'll petition the Georgia probate court in the county where the deceased lived to be officially appointed.

   2. 5A

      File the will with the probate court.

      Georgia uses two flavors: common form (faster, but heirs have four years to challenge) and solemn form (slower, but final after appointment). The attorney we match you with will recommend one.

   3. 6A

      Get Letters Testamentary.

      Once the court appoints you, you get a one-page document called Letters Testamentary. This is what every bank, mortgage company, and title company wants to see before they'll talk to you about the house.

   Without a will

   1. 4B

      Determine the heirs under Georgia intestate law.

      Without a will, Georgia decides who inherits, in what order. Usually the spouse and children share. We have a full explainer here.

   2. 5B

      Petition for Letters of Administration.

      Someone — usually the closest heir — petitions the court to be appointed administrator. Other heirs have a chance to object or to agree.

   3. 6B

      Get Letters of Administration.

      Same role as Letters Testamentary, just under a different name because there's no will. Same purpose: this is your authority to act.

5. 7

   Decide what to do with the house.

   Once you have Letters and probate is open, you have real options: keep the house in the family, sell it on the open market, sell it to a cash buyer, partition (force a sale if heirs disagree), or file Year's Support to bypass parts of probate if a surviving spouse or minor child qualifies. This is the conversation we have with families on the call.