Legal Question in Wills and Trusts in Georgia

Re: Does my mom need to go throug probate?

It depends on how the house was titled.

If the deed reads "joint tenants with right of survivorship", the transfer will require recording an affidavit of survivorship, but will not require probate.

If the deed says "as tenants in common" or simply recites their names, without saying "joint tenants" the estate must be administered, and your father's 1/2 interest will descend to your mom and to you and your siblings (if any), unless steps are taken to give her sole title.

In either case, you should consult an attorney experience in probate and real estate law.

Re: Does my mom need to go throug probate?

The answer depends on the wording of the deed.

We certainly can read it and help. Call me if you're in the metro Atlanta area.

Re: Does my mom need to go throug probate?

There might not be a need to do anything, depending on how the deed to your parents was worded. Consult with a local attorney.