Q: Considering Ga survivorship rules can I get a deed transferred to my name without going through probate court?

A: The transfer can still be simple. However, it must be done through the probate court. You should speak to an attorney for help with this.

A: You cannot transfer the deed into your name without involvement of the probate court. I would suggest you file a petition for year's support and ask the court to give you the house. This will save you the property taxes that you ordinarily would have to pay later this year. This is not the same as opening an estate. Once you get your house awarded to you for year's support, the house is yours.

I would not transfer the mortgage into your name as you gain nothing from doing so. You can continue to pay the mortgage as you always have and eventually, the mortgage will be paid. There is no reason to obligate yourself legally on the mortgage. The mortgage company cannot cause you any trouble by you refusing to accept the legal obligation to pay the mortgage.

A: My condolences to you on the passing of your husband. In your individual capacity, you cannot execute a deed to transfer the property to yourself. You do not mention whether your husband had a will. If he had a will, the property would pass pursuant to the provisions of the will. If he did not have a will, the "heirs" would inherit the property. In Georgia, the heirs would be you, as the surviving spouse, and his children (and descendants of any child who predeceased him). Georgia has a procedure known as "year's support," in which the surviving spouse can petition the court to have property set aside for her benefit. This procedure might be of use in your situation to accomplish would you want. As I mention, however, you cannot simply file a deed to transfer the property to yourself. I strongly urge you to retain the services of a Georgia probate attorney to assist you in this matter.