Legal Question in Wills and Trusts in Georgia
Death of Parent with no will
Recently my mother passed away. There was no will and 4 children. 3 of the 4 want to sell the house. What do we have to do to get the property deeded into our names so that the property can be divided equally.
2 Answers from Attorneys
Re: Death of Parent with no will
You need to go to the Probate Court and file a Petition for Administration. If all the heirs can agree then you can get everything done pretty quickly and get it sold. If you have one dissident, then I would recommend that you hire an attorney so that you can make sure that everything is handled correctly now and nothing comes back later. In order to sell the property, someone will have to appointed Administrator and be granted Letters of Administration and in some cases, a Leave to Sell.
Re: Death of Parent with no will
If all the parties agree, and depending on if there are debts, there is a short cut that can save money and time called a No Administration Necessary.
Otherwise a full probate, called an Administration, is needed.
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