Steps to transfer real property to a child after a spouse’s death (Georgia)

Disclaimer: This is general information only and not legal advice. Consult a Georgia attorney or your county probate court for advice about your specific situation.

Quick overview — what you need to know up front

When a spouse dies, how title to real estate passes depends on how the property was owned before death. Common possibilities in Georgia are:

• The deceased owned the property alone (sole ownership).
• The property was owned jointly with rights of survivorship (joint tenancy or tenancy by the entirety where applicable).
• The property was owned in a trust.
• There was a will directing distribution of the property.

Each situation follows a different process to create and record a new deed so your child becomes the owner.

Detailed answer — step‑by‑step depending on how the property was titled

1) Immediate documentary step for all situations: get certified death certificate(s)

Order one or more certified copies of the death certificate from the Georgia Department of Public Health, Vital Records. The clerk and title companies typically require a certified copy to change records. You can start here: Georgia DPH — Vital Records.

2) If the property was owned jointly with right of survivorship

If the deed named the deceased and another owner (for example, the surviving spouse or a joint tenant) and the deed included rights of survivorship, ownership usually passes automatically to the surviving joint owner on death. To clear title so your child can later receive or accept title, the surviving owner should:

1. Obtain a certified death certificate.
2. Contact the county Superior Court clerk (deed recording office) where the property is recorded to learn their local form or requirements. Clerks frequently accept a certified death certificate and a short affidavit confirming survivorship.
3. Record an updated deed (often a simple survivorship or quitclaim deed) showing the surviving owner as the current owner. Have the deed notarized and then record it with the county Superior Court clerk.
4. After title is updated to the surviving owner, that owner can convey the property to a child by signing and recording a deed (for example a quitclaim or warranty deed) transferring ownership to the child.

3) If the deceased was sole owner (no survivorship) and left a will

When the wife was the sole owner and her will gives the property to your child (or to you so you may later transfer it), the will generally must be admitted to probate in the county probate court. Typical steps are:

1. File the will with the probate court in the county where the decedent lived. The court will appoint a personal representative or executor if one is named and qualified.
2. The executor obtains Letters Testamentary (court authorization) and handles estate administration, including paying debts and taxes.
3. After administration, the executor signs and records an executor’s deed (or similar transfer instrument) that conveys the property to the person named in the will (your child). The deed must be properly executed, notarized, and recorded in the county where the property sits.

Probate and estate administration in Georgia are governed by state probate law; you can start at the Georgia Courts probate information page: Georgia Courts — Probate Self‑Help. For statutory rules on wills and administration look to Title 53 of the Georgia Code: O.C.G.A. Title 53 (Wills, Trusts & Administration).

4) If the deceased was sole owner and died without a will (intestate)

If there is no will, Georgia’s intestacy rules determine who inherits. Typically a spouse and children share in intestate distribution. To transfer title you generally must open an administration (letters of administration) in probate court and the administrator will later sign and record an administrator’s deed transferring property to heirs as directed by the court. See O.C.G.A. Title 53 for intestacy and administration rules: O.C.G.A. Title 53.

5) If the property is held in a living trust

If the deceased placed the property into a revocable living trust and named a successor trustee, the trustee should follow the trust’s terms and Georgia trust administration rules to transfer title to the beneficiary (your child). Often the successor trustee prepares and records a trustee’s deed to the beneficiary. Trusts avoid probate for assets properly titled in the trust.

6) Practical recording steps for any transfer deed in Georgia

1. Confirm the correct legal description of the property from the existing deed or your county tax records.
2. Prepare the appropriate deed form (quitclaim deed, warranty deed, executor’s or administrator’s deed, trustee’s deed). The required deed form depends on who is signing and what rights are being conveyed.
3. Have the deed signed in front of a notary by the person or fiduciary authorized to transfer title.
4. Record the signed, notarized deed with the county Superior Court clerk (where deeds are recorded). Record the death certificate or other probate paperwork if required by the clerk.
5. Pay the recording fee and any transfer taxes. Ask the county clerk about exact fees and whether a cover sheet or transfer tax forms are required.
6. Update the county tax assessor’s records, homestead exemption (if any), and title insurance (if you have a policy) to reflect the new owner.

When you likely need an attorney

Hire a Georgia attorney if:

• Title is unclear or multiple heirs contest ownership.
• There are unresolved mortgages, liens, or creditor claims.
• The estate is complex (significant assets, out‑of‑state property, business interests).
• You need help with probate, administration, or preparing a valid deed that will record cleanly.

Helpful hints

• Start by obtaining 2–5 certified death certificates. Many offices require originals for recording or title work.
• Confirm the exact form of ownership by reading the recorded deed in the county where the property is located. The deed’s language controls survivorship rights.
• Contact the county Superior Court clerk’s office early. Each county may have local forms and specific recording requirements.
• When in doubt, ask for an attorney to prepare or review the deed. A poorly drafted deed can create title problems for years.
• Keep copies of all recorded documents and get the recording reference (book/page or instrument number) after recording.
• If the property has a mortgage, notify the lender. Paying off or assuming the mortgage will affect how you can transfer title.
• If you plan to transfer to a minor, consider using a guardianship, custodial account, or trust rather than direct deed to avoid problems managing the property for a child.

Where to go for county‑specific next steps

Recording and probate are handled at the county level. To find exact local filing steps and fees, contact the Superior Court clerk (deed recording) and the probate court in the county where the property sits. For general Georgia probate information see: Georgia Courts — Probate Self‑Help.

Key state resources

• Georgia Department of Public Health — Vital Records (death certificates): https://dph.georgia.gov/Vital-Records
• Georgia Courts — Probate self‑help: https://www.georgiacourts.gov/self-help/probate/
• Official Code of Georgia (relevant titles): Title 44 (Property) and Title 53 (Wills & Administration): O.C.G.A. Title 44 — Property, O.C.G.A. Title 53 — Wills, Trusts & Administration

If you want, tell me how the property is titled (exact wording from the recorded deed), which county the property is in, and whether there is a will or trust. I can then outline the likely paperwork and forms you’ll need for your specific situation.