QUESTION

my father and mother passed away the moxt recent in Aug.2016 how do I get a deed to their propery since I[m the only child

Asked on Jun 06th, 2017 on Wills and Probate - Georgia
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1 ANSWER

Wills Attorney serving Alpharetta, GA
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Please accept my condolences on your losses. It's not possible to give you a specific answer to your exact question, because there are too many possible variables that I don't know, and this is not an appropriate forum for providing specific legal advice. But I will try to give you general information that should help. When a person dies owning real estate in Georgia (I assume your parents lived in Georgia; if not, the answer may be wrong), there are two typical possibilities if the property was owned jointly with another person: One, the deceased person's interest transfers automatically to the surviving owner (this only happens if the property was held under a deed that contained language such as "as joint tenants" or "with rights of survivorship" in addition to both owners' names). Two, the deceased person's interest becomes part of his or her probate estate. In your parents' case, if they both owned the property, you need to figure out what happened when the first one of them died. That tells you whether you need to administer one or both of their estates in order to get title to the property. After you figure out what estate or estates own the property, the next step is to administer each estate properly. What that takes depends on whether there was a Will for the deceased person, who the heirs were, what debts may have been owed, etc. But if an estate owns an interest in the real estate, the estate has to be fully administered before the property can be transferred to an heir or beneficiary in accordance with either a Will or state intestacy law (where there is no Will). Administration means getting an Executor or Administrator appointed, having a Notice to Debtors and Creditors published, ensuring that all debts are paid, tax returns filed, and taxes paid, and then distributing any remaining estate assets in accordance with the Will or the intestacy law, whichever applies. At that time, if the property is part of what will be distributed, there needs to be an Executor's Deed or Administrator's Deed signed by the Executor or Administrator, transferring the property from the estate to the appropriate person, and recorded with the county Superior Court clerk. If you are the only child, it may be easier for you to deal with your parents' estates than if there were multiple heirs, but they still need to be dealt with. Please get a good probate attorney to help you figure out what is needed and carry that out.
Answered on Jun 07th, 2017 at 5:14 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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