HomeA family member lives in the house
Georgia probate guide
A family member is living in the house. Now what?
The short answer
This happens in a lot of families. Heirs who own a house together each have a right to live in it. With no will, once the court names an administrator, that person holds the house for the whole estate. They can rent it out or, with the power to sell, sell it. Whether the one living there owes the others rent depends on the facts, so ask a probate lawyer.
By Georgia Probate Specialist team
On this page
Who can live in the house
With no will, Georgia law says the house passes to the heirs, the family who inherit, on the day of the death. Heirs who share a house are co-owners. Each one has a right to live there, even one with a smaller share.
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A co-owner who lives there doesn't owe the others rent just for living in their own share. That changes if they keep the others out, or take the house for their use alone. It also changes if they rent it out and keep the money.
Whether one heir living in a whole house counts as keeping the others out depends on the facts. Ask a probate lawyer.
With a will, the will and the court's papers decide more of this. Ask a probate lawyer how it works for your house.
Once the court puts someone in charge
The court gives one person letters, its paper that lets them act for the estate. With no will, the law gives that person, the administrator, the right to hold the whole estate. That includes the house, until they pass it on to the heirs.
Let them stay for now
The person in charge can leave things as they are while the estate is settled. Put who pays which bill in writing.
- Write it down
Rent it to them
The person in charge can rent estate property when that is best for the estate. That could be a written lease with the family member who lives there.
- A written lease
Sell it
Selling takes the power to sell. It comes from the will, from all the heirs at the start, or from the court.
- Power to sell
Hand it to the heirs
The person in charge can pass the house to the heirs with a deed. Then they own it together, or one of them owns it if they all agree.
- Ends with a deed
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The person in charge has to act for the good of everyone with a share. They also have to settle the estate without wasting its value.
If the one living there won't leave and the house has to be sold, that is a court matter. Ask a probate lawyer before anyone changes the locks.
Who pays the bills
The bills don't stop. Property tax and insurance keep coming, and so do the power and the water.
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Once someone has letters, these are costs of running the estate, and the estate pays them.
We found no Georgia rule that says who pays before then. Families work it out. Put what you agree to in writing, and keep every receipt.
A homestead exemption lowers the tax bill on a home the owner lives in. Georgia's definition lets a child who lives in a parent's home apply for it. Ask the county tax commissioner how they handle a death.
A spouse or young children living there
A surviving spouse, or children under 18, can ask the court for year's support. The court can set the house aside for them. The petition is due within 24 months of the death.
Official court forms
Talking it through as a family
These talks are hard. The one living there may have looked after your loved one for years. The others may need their share. Talk early and kindly, with every heir in the loop.
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Write down who stays and for how long, and who pays what. Give each heir a copy.
If the heirs own the house and can't agree, any co-owner can ask the superior court to divide it or sell it. That is called partition. Georgia has extra rules when family shares a house they inherited.
When the house sits empty
If the family member moves out or travels, the house sits empty. That is when a leak or a break-in goes unseen.
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We can go by, check on the house and send you photos. We work with the person the court put in charge, and you get a price and give your OK in writing before any work starts.
Quick answers
Questions people ask
Can my brother live in Mom's house after she died?
Often, yes. Heirs who own a house together each have a right to live there. Once the court names someone to run the estate, that person decides what happens to the house, for the good of all the heirs.
Does my sister have to pay rent to live in the house?
Not just for living in her own share. Georgia law says a co-owner owes the others in some cases, such as keeping them out or renting the house and keeping the money. Ask a probate lawyer how that fits your family.
Can the executor make someone move out?
The person in charge holds the house for the estate and acts for all the heirs. If someone won't leave, that is a court matter. Ask a probate lawyer before anyone changes the locks.
Who pays the property taxes while a sibling lives there?
Once someone has letters, the estate pays them as a cost of running the estate. Before that, families agree on it. Put it in writing and keep the receipts.
Where these facts come from14 sources
This page explains how things work. It is not legal advice. Each fact here comes from one of these sources.
- O.C.G.A. § 53-2-7, who holds land in an estate with no will
- O.C.G.A. § 44-6-120, co-owners (tenants in common)
- O.C.G.A. § 44-6-121, a co-owner's right to live there, and when they owe the others
- O.C.G.A. § 53-7-1, powers and duties of the personal representative
- O.C.G.A. § 53-8-10, power to sell estate property
- O.C.G.A. § 53-8-13, leave to sell
- O.C.G.A. § 53-8-15, assent: handing property to the heirs
- O.C.G.A. § 53-7-40, the order an estate pays its debts
- O.C.G.A. § 48-5-40, definitions for the homestead exemption (includes a child living in a parent's home)
- O.C.G.A. § 53-3-1, year's support
- O.C.G.A. § 53-3-5, year's support filed within 24 months
- GPCSF 10, Petition for Year's Support
- O.C.G.A. § 44-6-160, asking the superior court to divide or sell land owned together
- O.C.G.A. § 44-6-180, heirs property (Uniform Partition of Heirs Property Act)