Toccoa, GA asked in Estate Planning and Real Estate Law for Georgia

Q: If a descendant of a deceased loved one pays for the funeral of the deceased are they the temporary admin of estate?

For example the father passed he had no living relatives but two children. child one says they knew about a will but it is no longer there, the court system has no record of any will being filed. Child two payed for the funeral funds as well as has some of the deceased persons property. Child one needs to get the land changed over from the deceased persons name to his own to have approval for a loan. Are they going to be able to get approval to do so?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN

A: Without a Will being probated, the Decedent died intestate. His heirs at law are the owners of the land, as tenants in common of undivided interest. Hire an attorney to determine heirship, file an Affidavit of Heirship, and possibly draft a Deed for the other heirs to transfer to one heir. The other alternative is a Partition Action.

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