Legal Question in Real Estate Law in Georgia

Re: property deed/title

WARNING--this answer assumes that the house was owned by your parents as tenants in common, and that your parents' wills each named the survivor as sole heir, and the survivor's will named you as sole heir. Since you will require the services of an attorney for the probate process, you should begin by having an attorney examine the deed to the house and both wills.

That being said --

First, both wills should be probated.

Second, once you are appointed executor, you should carry out the instructions in both wills, beginning with the will of the first of your parents to die. You will sign an "executor's assent to devise",naming the survivor of your parents as heir. This will put title to the house in the name of the second to die. Follow the same procedure, naming yourself as heir.

SECOND WARNING-- do not attempt this without an attorney.

Re: property deed/title

Once you have filed your parents' wills for probate and received appropriate documents from the probate court, then you will be able to consult a real estate attorney to assist you with transferring the title to the residence to yourself. My law firm asists individuals in circumstances such as yours. Feel free to call on us in the event that you encounter barriers or need assistance.

Re: property deed/title

You don't "change the name" on a deed. A lawyer in the area/county where the property is located, who specializes in these matters (probate and real estate) -- not merely one who claims to do any number of types of law -- can probably do the basic documents quickly and relatively inexpensive. That way everything is done quickly and correctly from the beginning, and you may be able to do some of the leg work yourself. For a house free and clear, and perhaps other property or estate issues, getting an expert is a relatively small price to pay.