Detailed answer — how title to real property transfers under a will in Georgia

In Georgia, real property does not transfer automatically at death simply because a will names a beneficiary. To convey real property that a decedent owned in their name alone, someone with legal authority over the estate must execute and record a deed that transfers title to the devisee(s). That legal authority most commonly comes from the probate court when the court admits the will and issues credentials (letters testamentary or letters of administration).

Key points about the process:

• File the will with the probate court in the county where the decedent lived. The person who seeks to act as executor (the person named in the will) normally submits the original will and a petition to the probate court. The court reviews the will and decides whether to admit it to probate.
• Letters testamentary or letters of administration are the typical authority to transfer real property. When a will is admitted, the court issues letters testamentary to the person who qualifies as executor. If the named executor cannot or will not qualify, an interested person can ask the court to appoint an administrator with will annexed (sometimes called an administrator c.t.a.). Those letters give the fiduciary authority to collect estate assets and, where necessary, convey real property by deed to the beneficiaries named in the will.
• “Probate without administration” or informal probate is not a free pass to skip the court’s authority for real estate transfers. Georgia has simplified procedures for admitting wills or handling very small estates for purposes of collecting personal property, but those streamlined processes generally do not create a recorded legal title that transfers real estate. For real property, you will almost always need either: (a) a deed executed by the executor or administrator based on court-issued letters, or (b) a court order directing the transfer of title.
• Executor’s deed and recording. Once appointed and issued letters, the executor signs a deed (often called an executor’s deed or fiduciary deed) conveying the property to the devisee(s). The deed should recite the probate case, the decedent’s name, the court that issued letters, and cite the will or the specific devise. The deed must be recorded in the county where the property sits to affect title and provide constructive notice.
• When an executor refuses or is unavailable. If no executor qualifies or the named executor refuses to act, an interested person (usually a beneficiary) can petition the probate court to appoint an administrator with will annexed. When appointed, that administrator can obtain letters and then sign the deed to transfer title.
• Affidavits and small estate processes do not usually transfer real property. Georgia law does provide non-probate remedies for small personal-property estates (collection of bank accounts or personal effects) but those methods typically exclude real estate. Because land and houses create a recorded chain of title, a recorded deed or court order is the reliable means to change ownership of real property.
• Statutory authority and where to read the law. The rules that govern wills, probate, and administration of estates in Georgia appear in Title 53 of the Official Code of Georgia Annotated (OCGA). For background on wills and administration procedures, consult Title 53 on the Georgia General Assembly website: https://www.legis.ga.gov/legislation/ocga (see provisions under Title 53).

Example hypothetical flow (common situation):

1. Decedent lived in Fulton County and left a will naming Alice as executor and devising the house to Bob.
2. Alice files the original will and a petition to probate with the Fulton County probate court.
3. The court admits the will and issues letters testamentary to Alice after she takes the required oath and posts any bond, if required.
4. Alice prepares an executor’s deed conveying the house to Bob. The deed references the probate case and the letters testamentary.
5. Alice records the deed with the clerk’s office in the county where the house sits. Title now shows Bob as owner (subject to any prior liens or claims).

Bottom line: if the asset is real estate it almost always requires either (1) a deed signed by the executor or administrator who has been issued letters by the probate court, or (2) a specific court order transferring title. You cannot rely solely on a will text or informal probate steps designed for small personal-property estates to clear title to land.

Helpful hints

• Bring the original will and the certified death certificate when you file with the probate court.
• If you are named executor, ask the clerk what the court requires to issue letters (oath, bond, filing fee, notice to heirs). Local probate practice varies by county.
• Before executing a deed, check for mortgage liens, tax liens, or other encumbrances that survive death. A deed transfers the property subject to existing liens unless they are paid or released.
• Record the deed promptly in the county where the property sits. Recording provides public notice and protects the devisee’s title against later claims.
• If the named executor won’t act, file a petition asking the court to appoint an administrator with will annexed so the estate can be administered and the property conveyed.
• Small-estate affidavit procedures in Georgia usually cover personal property only and rarely affect real property ownership—confirm with the probate court or an attorney.
• Search Title 53 of the Georgia Code for specific statutory rules on wills and administration: https://www.legis.ga.gov/legislation/ocga

When to get a lawyer

Talk to a Georgia probate attorney if:

• the will is contested, ambiguous, or missing;
• multiple beneficiaries dispute the wording of the devise;
• there are potential creditor claims, mortgages, or tax issues that might complicate a transfer;
• you need help preparing a proper executor’s deed or defending title after recording.