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Georgia probate guide

The house is still in a parent's name

The short answer

That is common, and there are ways to fix it. The house stays in your parent's name until a court step or a recorded paper moves it. The usual routes are probate, which puts one person in charge, or a No Administration Necessary order. A spouse or children under 18 may ask for year's support. Meanwhile, taxes, insurance and any loan keep running.

By Georgia Probate Specialist team

On this page
  1. 01What it means that the house is in their name
  2. 02The ways a house leaves a parent's name
  3. 03Who lives there, and the tax bill
  4. 04Two clocks that don't wait for probate
  5. 05When years go by

What it means that the house is in their name

When a parent dies, the deed does not change on its own. The county keeps showing your parent as the owner until a new paper is recorded.

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With no will, Georgia law says the house passes to the heirs, the family members who inherit, on the day of the death. But if the court names an administrator to run the estate, meaning everything your parent left, that person holds the house while the estate is settled.

Then the person in charge passes the house on. The law calls this assent, their okay that hands the house to the heirs. It should be in writing, and for a house that means a deed. If a year has gone by since the letters and it hasn't happened, an heir can ask the court to step in.

The ways a house leaves a parent's name

These are the usual routes. The facts of your family decide which one fits.

  • Probate, then a deed

    The court gives one person letters, its paper that lets them act for the estate. That person pays the debts, then deeds the house to the heirs or sells it.

    • With or without a will

  • No Administration Necessary

    With no will, the heirs all sign one agreement on who gets the house. The estate has no debts, or the creditors agree. The judge signs an order, and no one is put in charge.

    • Form: GPCSF 9
    • No will

  • Year's support

    A surviving spouse or minor children can claim the house as support. The window to ask closes 24 months after the death.

    • Form: GPCSF 10

  • A transfer-on-death deed

    Georgia has allowed these deeds since 2024. If your parent signed and recorded one, the house goes to the person it names without probate. That person still signs an affidavit, a sworn statement, with the death certificate attached. For deaths on or after July 1, 2026, the affidavit must be recorded with the superior court clerk in the county where the land is.

    • Only if your parent recorded one
Read next: No Administration NecessaryRead next: Do you need probate?

Who lives there, and the tax bill

Some families have a brother or sister living in the house. Others have a house sitting empty. Either way, agree on who pays the taxes and the insurance, and write it down.

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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, even before the estate is settled. The test is who owns and lives there on January 1.

Ask the county tax commissioner how they handle a death. Rules for filing can differ by county.

Two clocks that don't wait for probate

The first is Medicaid. If your parent got Medicaid for nursing home care, or for home care at 55 or older, the state can make a claim. For this claim, the estate can include a house that passed outside probate, such as to a joint owner.

  • Pay off the loan and keep the house.
  • Sell the house. The lender can't require a price higher than 95% of the appraised value.
  • Hand the house to the lender.
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Georgia's estate recovery program waives the first $25,000. It holds off while there is a surviving spouse, a child under 21, or a child who is blind or disabled. The state asks for written notice within 30 days of the death. The Estate Recovery Unit's number is 770-916-0328.

The second is a reverse mortgage, a loan the owner drew against the house. It comes due at the death. After the lender sends notice, the family has 30 days to answer.

Read next: The mortgage when the owner dies

When years go by

A house can sit in a parent's name for a long time. Each time an heir dies, that heir's share passes through that heir's own estate. The number of owners grows, and getting everyone to agree gets harder.

Read more

The rules for a reverse mortgage expect foreclosure to start within 6 months of the loan coming due, unless more time is approved. So that kind of house can't wait long.

The Georgia Heirs Property Law Center is a nonprofit law firm. It helps Georgia families with low and moderate incomes sort out homes and land shared by heirs. Its site does not say whether help is free, so ask when you apply.

Quick answers

Questions people ask

Can we leave the house in our parent's name for now?

We found no Georgia deadline to open an estate when there is no will. The bills keep running, though, and an heir's share passes on if that heir dies. A will, if there is one, has to go to the probate court promptly.

Does a will put the house in my name?

Not by itself. The will goes to the probate court, and the court has to accept it. Then the executor hands the house over with a deed, or sells it.

What if my parent had a reverse mortgage?

The loan comes due at the death. Once the lender sends notice, the family has 30 days to choose. Call the lender early, and keep every letter it sends.

Will Medicaid take the house?

Not in every case. The state gives up its claim on the first $25,000 of an estate, and it waits in some family situations. The section above has the details. Call the Estate Recovery Unit about your case.

Where these facts come from17 sources

This page explains how things work. It is not legal advice. Each fact here comes from one of these sources.