Legal Question in Real Estate Law in Georgia
My mother left 108 acres to we 3 daughters. We need to have the deed changed to our names. How do we do that? We live in Georgia. We have a letter of testamentary showing that the land was left to us. Thank you.
Sally
3 Answers from Attorneys
Deeds are not changed. The executor needs to go to a probate and estate lawyer to review the documents (including the will that you did not mention), and prepare the appropriate documents.
Generally speaking, the Letters Testamentary would not show who the property was left to; the will would. So, the Executor would deed he property exactly as specified in the will using an Executor's deed. You should hire an attorney to make sure the appropriate paperwork is completed and filed properly; there are additional documents you need to file to ensure that the taxes are transferred. As legal expenses go, the cost would be nominal.
Feel free to call me at 404-768-3509. If the will has been probated, and all steps needed to be done by the executor have happened (advertising the estate, paying debts, etc), then property can be distributed (usually not by deed, but by an assent to devise, with Georgia also requiring a PT-61). My office does handle such matters and the cost is rather inexpensive.
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