How to Handle an Inherited Property in Georgia Without a Will | Georgia Inheritance Laws

What Happens When You Inherit a Home Without a Will?

Picture this: Your dad had a house in Georgia, but he never made a will. This situation is more common than you might think. Now that he’s passed away, you and your brothers and sisters are asking yourselves… Who gets the house? What do you need to do legally? And what happens to the property now?

If you’re wondering about what to do with an inherited property, you’re not the only one. Many families in Georgia receive property they didn’t expect and feel unsure about their next steps. We understand how confusing this can be, which is why We Are Home Buyers is here to help you with inherited properties. Whether you want a quick sale, wish to keep the property, or want to look at other possibilities, we are here for you. Our mission is to provide you with valuable insights tailored to your unique situation. Even if you decide not to sell to us, we want you to leave our discussion with a solid plan, the knowledge and the resources you need to move forward!

By the end of this post, you’ll understand:

Who inherits property under Georgia intestacy laws
What legal steps you must take to settle the estate
How to navigate probate in Georgia without a will
What to do if multiple heirs are involved
How to sell your inherited home quickly and hassle-free

Need immediate help with an inherited property? Contact We Are Home Buyers today for expert guidance!

1. Who Inherits When Someone Dies Without a Will in Georgia?

When someone dies without a will in Georgia, their estate is distributed according to Georgia intestate succession laws.

Georgia Intestate Succession: Who Gets What?

Under Georgia law, inheritance follows a specific order:

🔹 Surviving Spouse Rights in Georgia – If the deceased was married but had no children, the spouse inherits everything. If children exist, the spouse gets at least one-third of the estate, with the rest divided among the children.

🔹 Children’s Inheritance Rights – If there’s no spouse, the deceased’s children inherit the estate equally. Stepchildren do not inherit unless legally adopted.

🔹 Parents and Siblings – If no spouse or children exist, the parents inherit. If the parents have passed, siblings inherit.

🔹 Extended Family – If there’s no immediate family, the estate goes to grandparents, aunts, uncles, or even cousins.

2. Probate in Georgia Without a Will: What You Need to Know

Probate is the court-supervised process of distributing an estate. If there’s no will in Georgia, probate can become time-consuming and stressful for heirs.

How to Probate an Estate Without a Will in Georgia

1️⃣ File a Petition – An heir must file a petition with the probate court where the deceased lived.

2️⃣ Appoint an Administrator – The court appoints an administrator (usually a close family member) to manage the estate.

3️⃣ Notify Heirs and Creditors – The administrator must notify all heirs and creditors, giving them time to claim their inheritance or request debt payments.

4️⃣ Settle Debts & Taxes – Before assets can be distributed, the estate must pay off any debts.

5️⃣ Distribute the Estate – After debts are paid, assets (including property) are distributed per Georgia intestate laws.

Who Has Power of Attorney After Death If There is No Will in Georgia?

A power of attorney ends at death. The court-appointed administrator takes over estate management.

Key Tip: Probate in Georgia without a will typically takes 6 to 12 months, but disputes can cause delays. Need to sell an inherited home quickly? We Are Home Buyers can help you avoid long probate delays.

3. Georgia Heir Property Laws: What Happens When Multiple Heirs Inherit?

What Are Heirs at Law in Georgia?

“Heirs at law” are the legally recognized family members who inherit property when someone dies without a will. This includes surviving spouses, children, parents, and extended relatives.

What to Do If Multiple People Inherit a House in Georgia

When multiple heirs inherit a property, they must agree on what to do with it. Here are common options:

🔹 Sell the Property and Split the Proceeds – The easiest way to resolve disputes. We Are Home Buyers can help you sell quickly for cash.

🔹 One Heir Buys Out the Others – One heir can buy out the others at fair market value.

🔹 Rent the Property Together – Heirs can co-own the property and share rental income.

Selling an Inherited Property with Multiple Heirs

If heirs can’t agree, the property may be subject to a partition sale (court-ordered sale). Avoid this by working with We Are Home Buyers to sell fast and fairly.

4. Should You Keep or Sell an Inherited Property in Georgia?

Pros and Cons of Keeping an Inherited Home in Georgia

✔️ Pro: Sentimental value
✔️ Pro: Potential rental income
❌ Con: Property taxes & maintenance costs
❌ Con: Family disputes over ownership

Selling an Inherited Home Fast for Cash in Georgia

If the home is in poor condition or you don’t want to manage it, selling might be the best choice. We Are Home Buyers buys properties as-is, with no repairs or realtor fees.

Want a no-obligation cash offer? Click here now!

FAQs: Georgia Inheritance Laws & Probate Without a Will

What Happens to Property When There is No Will in Georgia?

The estate is distributed based on Georgia intestate succession laws, prioritizing spouses, children, parents, and extended family.

Is Georgia a Community Property State in Death?

No, Georgia follows separate property laws, meaning each spouse owns their assets individually unless jointly titled.

How to Avoid Probate Delays in Georgia

Selling an inherited property quickly with We Are Home Buyers can help you avoid lengthy probate battles.

Get your questions answered—contact us today!

Get Expert Help with Your Inherited Property

Handling an inherited property in Georgia without a will can feel overwhelming. Between probate, multiple heirs, and legal complexities, the process can take months—or even years.

At We Are Home Buyers, we make the process easy. If you need to sell your inherited home quickly, we’ll make you a fair, all-cash offer and handle all the paperwork.

✔️ No repairs needed
✔️ No realtor fees
✔️ Fast closing—often in days