Q: Can I complete an affidavit of heirship for a home with $10,000 left on the mortgage in Georgia?

A: If certain requirements are met, the property may be transferred by an affidavit of heirship. You will typically need two affidavits from two people who are unrelated to the family. In the affidavits of heirship, you would have to list your deceased brother's daughter as an heir of your parents' estates. That would vest half of the title in her name. She would then need to deed you her half of the property for the property to be fully vested in your name alone. Schedule a free consultation to ensure the property is transferred correctly.

A: What you're trying to do is completely understandable, especially after years of making payments and caring for the home. In Georgia, an affidavit of heirship can sometimes be used to establish ownership of property when someone dies without a will. However, it's generally accepted only when all heirs agree, and there's no probate or other legal disputes involved. Since you mentioned that your brother’s deceased child is the only other heir and doesn’t want the property, that may work in your favor—but it’s not a guarantee of clear title.

The fact that your parents signed a bill of sale adds some weight, but without it being notarized or recorded, it may not be legally binding. Mortgage lenders and county offices typically want formal proof before allowing a name transfer, and many won’t accept an affidavit of heirship alone—especially when there’s still a balance on the mortgage. You may be able to proceed with the affidavit if you can show the other heir disclaims interest in writing, and if the lender is willing to continue accepting your payments and eventually work with you on title transfer.

Before submitting anything, make sure you gather supporting documentation—mortgage records, utility bills in your name, and any written communication from the other heir. If the goal is to fully secure ownership and later sell, refinance, or title the home to your children, you may eventually need to go through a simplified probate process to clear the title legally. You've already done so much to honor your parents' wishes, and it’s worth taking these final steps to protect what you've built.