Legal Question in Consumer Law in Georgia

Person Deceased how do I chang name on property deeds?

My husband's brother is deceased the property 40 acres is in his name. How do we go about changing his name to our name on the property deeds? Which form would we use? Thanks for your assistance.


Asked on 3/05/06, 3:17 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Person Deceased how do I chang name on property deeds?

You should consult with a local attorney. You may need to either probate the will, if there is one, or file an administration of the estate if there is not. This is more complicated than just changing the deed records.

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Answered on 3/06/06, 3:45 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Person Deceased how do I chang name on property deeds?

You don't just change deeds. First of all, the answer depends on if there is a will. If there is, and hopefully the answer is yes, the will must be probated. At some point, after creditors and taxes are paid, the property is transfered by an Assent to Devise (no, there is no form - an attorney can draft one for you) to the named heirs.

If there is no will, what happens depends on if the heirs agree and there is no debt. If so, the heirs can agree on a division and a No Administration Necessary is filed.

If that is not the case, the case must be administered in probate, the most complex option.

You are NOT an heir. Your husband may not be either if there is no will. Children and spouses come ahead of him. If there are none, siblings and parents share equally, so he may have a few co-owners.

The starting point - see a lawyer.

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Answered on 3/05/06, 4:22 pm


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