tranferring deed without will

[sellis]

My jurisdiction is: Georgia

My father died and I need to trnafer the warranty deed on his home to my name. There is no mortgage payment. He was not married and I am the only heir. I am not sure what to do. I went to court house and they directed me to the probate court and they recommended that I get a lawyer. My father had a will drawn up but it was unsigned due to his sudden death. I have used the will to designated personal items but since it is not signed I need to know what my options are.

 

[dee_dub]

His unsigned will is not valid. Your father died intestate (without a will). Under Georgia law, you as his only child are his sole heir and you receive the entire estate. You should petition the court to be named administrator of the estate. Once that is done you (as administrator) can proceed to transfer title to the assets to yourself.

 

[sellis]

Do I necessarily need a hire a lawyer to petition the court to be name adminstator? I went to the probate court and they gave my an application but advised that I seek counsel.

 

[dee_dub]

It is not necessary to have a lawyer. You have the right to do it yourself. But it is certainly advisable.

 

[sellis]

Thank you.