Legal Question in Real Estate Law in Georgia

My wife is be beneficiary of the estate of her aunt's estate. I am the executor of the will and need to transfer the real property to my wife. Can I do that with a Deed of Ascend, and if so where can I fine the format for the deed? This will be done in the State of Georgia, Baldwin, County.


Asked on 8/09/11, 8:44 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Real estate is transfered via an Assent to Devise. There is no form for this and it is NOT a deed although it is filed like a deed. Each one has to be custom drafted based on the facts of the case as it uses language from the specific will, the specific Letters Testamentary and the former deed. Most local probate lawyers can do one. A computer generated PT-61 is also required. If you want to go out of the area to draft one, we can handle it inexpensively by mail. Feel free to contact me with details.

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Answered on 8/09/11, 9:28 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It is actually one of several steps in the process of administering the estate. So, technically, the answer is �yes� -- a deed of assent could be used to transfer the property, but there may be important work to be done with the estate prior to the property transfer. In other words, you should get advice about what�s already been done, and what may need to be done before the issuance of the deed.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 8/09/11, 11:46 am


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