Dacula, GA asked in Estate Planning and Probate for Georgia

Q: What form needs to be completed and signed by the heirs of a deceased parent to release their interest in real property?

the will has been filed with the courts but was not taken to probate. will named spouse as beneficiary. The real property is occupied by the spouse and she is trying to refinance but needs to have the property title put in her name as it was only in her deceased husbands name.

property is in Gwinnett county, Ga

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1 Lawyer Answer
Robert W. Hughes Jr.
Robert W. Hughes Jr.
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You have two choices. You can probate the will and transfer the real estate to the spouse by way of the Will. You can also have the spouse file a petition for year's support and ask the court to give the house to the spouse. These are the only ways to get the property transferred to the surviving spouse.

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