Detailed Answer
When a decedent owns real estate outside Georgia, heirs must follow that jurisdiction’s conveyancing rules while satisfying Georgia’s fiduciary requirements. Under Georgia law, any conveyance by a personal representative uses a Personal Representative’s Deed in short form. See O.C.G.A. § 44-2-3 (Georgia Code § 44-2-3).
If heirs hold title by intestate succession and wish to transfer their interests without formal probate in Georgia, they often execute a Quitclaim Deed (sometimes called an “Heirship Deed”) accompanied by an Affidavit of Heirship under O.C.G.A. § 53-4-30 (Georgia Code § 53-4-30). For property located in another state, heirs should use that state’s deed form—typically a Quitclaim or Special Warranty Deed—with a vesting clause such as:
“We, [Heir Names], heirs at law of [Decedent], grant, bargain, and quitclaim to [Grantee] all our right, title, and interest in the following described property…”
After execution, the deed must be notarized and witnessed according to the recording jurisdiction’s requirements. In Georgia, file original deeds with the clerk of superior court in the county where the property sits. Attach any ancillary letters of authority if the decedent’s estate required ancillary administration under O.C.G.A. § 15-9-60 (Georgia Code § 15-9-60).
Recording steps generally include:
- Ensure the legal description matches the prior deed exactly.
- Obtain notarial acknowledgment and required witness signatures.
- Submit the deed, affidavit (if used), and ancillary letters (if any) to the recorder’s office.
- Pay recording fees and any real estate transfer taxes.
- Receive a stamped copy with the instrument number for your records.
For out-of-state property, record the deed in that jurisdiction’s land records office. Some states require a local ancillary probate before recording a fiduciary deed. Always verify local rules or consult a licensed attorney in the property’s state.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Helpful Hints
- Determine if formal or ancillary probate applies in the property’s state.
- Choose between a Quitclaim Deed and a Special Warranty Deed based on title requirements.
- Include an exact legal description and correct lot or parcel number.
- Verify notary and witness requirements in the recording jurisdiction.
- Attach an Affidavit of Heirship under O.C.G.A. § 53-4-30 when no probate occurs.
- Record ancillary letters of authority when conveying under a personal representative’s deed.
- Keep certified, stamped copies of recorded documents in your permanent files.