Detailed answer — step-by-step guide to confirming ownership percentage in Georgia

Start with documents and public records. In Georgia, ownership interests in real property are established by recorded instruments (deeds, deeds into trust), wills probated in superior court, or trust documents. Follow these steps in order.

1. Get the recorded deed(s)

The deed that transferred the property to your parents (or to them and others) is the primary document showing ownership. Visit the county superior court clerk/recorder where the property is located and ask for a copy of the deed(s) in the chain of title. Many Georgia counties allow online searches of real property records.

What to look for in the deed:

• Names of the grantees: who received title.
• Ownership form language: phrases like “tenants in common,” “joint tenants with right of survivorship,” or “tenancy by entirety.”
• Specific percentage language: some deeds state each co-owner’s fractional interest (for example, “John Smith — 50% and Mary Smith — 50%” or “John Smith — 2/3, Mary Smith — 1/3”).

2. Understand the ownership form and what it means

Common ownership forms and typical Georgia results:

• Tenants in common: Co-owners can own unequal shares. A deed can (and should) specify percentages. If the deed names co-owners but does not specify percentages, the typical presumption is that they own equal shares unless evidence shows otherwise.
• Joint tenants with right of survivorship: Usually treated as equal shares and includes a right of survivorship (when one owner dies, the other(s) inherit automatically). Deeds often do not list percentages because the shares are equal by nature of the ownership form.
• Tenancy by the entirety: Applies only to married couples in some circumstances and functions differently than joint tenancy.
• Trust ownership or probate: If the property is held in a trust, the trust document sets beneficiaries’ interests. If ownership passed by will and the will is in probate, superior court records and orders determine shares.

3. Run a title search or request a title report

If the deed language is ambiguous, hire a title company or a real property attorney to perform a title search. A title report will show the chain of title, any recorded assignments, liens, mortgages, or later deeds that may have changed ownership percentages.

4. Check for subsequent recorded documents

Even if a deed originally granted equal shares, later recorded deeds can change allocations. Look for:

• Quitclaim or warranty deeds transferring fractional interests.
• Partition agreements or joint tenancy severance documents.
• Deeds of distribution, or probate/guardian orders transferring title after a death or incapacity.

5. Search probate and trust records

If ownership arose because of a will or trust, check the probate records at the county superior court and request a copy of the trust instrument if the property is held in trust. Probate orders, letters testamentary, or trust language will show beneficiaries’ interests and whether the court or trustee has authority to sell.

6. Review county tax records and property appraiser data

County tax assessors and property appraisers often list ownership names and mailing addresses. While they may not show percentages, they confirm current recorded owners and sometimes reveal transfers or ownership changes.

7. Ask for written proof from your parents

Ask your parents for the deed, any trust documents, and any correspondence with title companies, attorneys, or the lender. Having the original deed language or a recorded copy speeds resolution.

8. What if the percent isn’t written in the deed or documents?

If the deed names multiple owners but does not fix percentages, Georgia law and case law govern the presumption of equal shares unless there is clear evidence the parties intended different shares. To change or prove a different percentage, you need a recorded instrument showing the agreed allocation or evidence (contracts, settlement agreements, gift documentation) supporting a different split. A title attorney can help assemble that evidence and record the correct instrument.

9. If there’s a dispute, protect your rights quickly

If your parents plan to sell and you believe you hold an ownership interest, act quickly. Obtain certified copies of relevant documents, get a title report, and consult a Georgia real property attorney. If someone tries to sell without valid title or over your legal interest, you may be able to seek an injunction or other court relief through superior court.

10. When to get legal help

• The deed is ambiguous or contradicts other documents.
• Someone is trying to sell the property despite a claimed ownership interest.
• There are creditors, liens, or pending probate issues affecting title.
• One or more owners challenge your claimed interest or the sale.

An attorney can request a lis pendens, pursue quiet title, represent you in probate, or negotiate with sellers or title companies.

Documents and information checklist

When you begin, collect and bring the following:

• Recorded deed(s) for the property (or the parcel ID).
• Any trust agreements or trust certification.
• Copies of wills, probate filings, or letters testamentary.
• Recent property tax bill or assessor’s card.
• Mortgage statements or lien documents.
• Any written agreements among the owners (buy-sell, partition, settlement).

How long will this take and what might it cost?

Getting a recorded deed copy or a basic public records search can take minutes to a few days and often costs a small fee for certified copies. A full title search and title report by a title company typically costs more (varies by county and complexity). If disputes or litigation arise, time and costs increase—possibly substantially—depending on court timelines and the need for attorneys, surveys, or expert testimony.

Key Georgia resources

To find recorded deeds, contact the superior court clerk or the county recorder for the county where the property sits. For probate matters, contact the local superior court clerk’s office. County government websites (for example: countyname.ga.us or countyname.org) often provide search portals for property and recorded documents. For general help locating the right office, start at the Georgia.gov county directory: https://georgia.gov/counties

Disclaimer

This article explains general procedures and common legal concepts under Georgia law. It is educational only and is not legal advice. For advice specific to your situation, consult a licensed Georgia attorney who practices real property and probate law.