Stone Mountain, GA asked in Estate Planning and Probate for Georgia

Q: My grandmother recently passed away. Her name was on the deed along with other family members.

If the deed states survivorship does her name have to be removed in order to sell the property. Or is it the remaining members have rights to make decision on behave of the deed. If it states Survivorship does it still have to go through probate court.

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1 Lawyer Answer

A: In Georgia, if property is owned by more than one owner as joint tenants with right of survivorship, upon the death of an owner, the property would be owned by the other owners. On the other hand, if property is owned by more than one owner as tenants in common, the interest of a deceased owner would be part of his probate estate. I recommend that you consult with a probate attorney to review the facts of your particular situation.

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