Miami, FL asked in Real Estate Law and Probate for Georgia

Q: Probating a Will for ownership of properties in multiple counties, what happens if it isn't done in one county?

A husband and wife own retail property in Cobb Co and reside in Paulding. The husband dies and leaves his half ownership to his son. The will was probated in Paulding for the home. Searching property records, the deceased husband is still listed as owner on the Cobb commercial building. Does this mean there was never a transfer of ownership? Is there a statute of limitations on probating a will or ramifications of not doing so? Does the son legally own the retail property in Cobb? What happens if the wife tries to sell the property? Thank you.

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

A: You probate a will only in the county where the deceased lived. Once you probate the will, the executor then transfers the real estate wherever it is in Georgia to the designated beneficiaries. Until that is done, the executor still has work to do.

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