Legal Question in Wills and Trusts in Georgia

Does your husband have any siblings? If so, I think he needs to meet with the siblings and they all need to decide who will be the personal representative and probate an estate. Ideally, it should be the person who resides in or closest to the county/state where your mother-in-law lived at prior to her death and/or where her home is located. If your husband is an only child, then he can dispense with this step. Either way, if your husband is going to be the personal representative, then I think he should consult with a local probate attorney in the county/state where the estate is going to be probated. Probate will be necessary in order for the personal representative to take charge of the real property, sell it, use the proceeds to pay any debts or claims and then distribute what is left to the heirs. Failing that, he needs to make a list of the heirs and a list of the assets and speak to the probate court clerk to see about probating an estate.

If his mother did not have a will, then a petition needs to be filed for letters of administration, appointing one or more administrators of her estate. This is who would have the authority to sell the property under certain circumstances and after following certain legal requirements. The administrator(s) is/are liable for the payment of his mother's debts before distributing money or property to heirs. I highly advise consulting with a probate attorney to make sure everything is done openly and correctly.