Kennesaw, GA asked in Real Estate Law and Probate for Georgia

Q: I assumed a mortgage loan from my mother's home in GA. She died intestate in 2012. What type of deed do I file?

I recently completed a loan assumption and modification on a property originally owned by my mother, who died intestate in 2012. I was the temporary Administrator of her estate which nad no value, until the estate was closed in 2013. I am unsure now, what type of deed to file with the county recorders office to transfer the title into my name.

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1 Lawyer Answer
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You should prepare an Administrator's Deed transferring the home from your mother into your name. This assumes you have paid all debts of the estate and have paid all other heirs whatever their inheritance should be. Further, as temporary administrator, you have no authority to transfer real estate without specific approval form the probate court.

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