Avoiding Probate Real Estate in North Fulton

Selling a Home After a Death in Alpharetta Many families only discover there is a problem when the closing suddenly stops.

If a homeowner passes away and the property remains titled in their name, a title company cannot transfer ownership until it knows who has the legal authority to sell. Until that question is resolved, the transaction cannot move forward.

Hampton & Hampton LLP helps families in Alpharetta and the surrounding North Fulton area determine whether a home sale can proceed without opening probate, and when it can, we handle the legal work required to satisfy title requirements.
Attorneys in Alpharetta office reviewing non-probate real estate documentation.

Why a Property Sale Can Break Down After a Death

Families in Alpharetta and nearby communities often reach out after encountering one of these roadblocks:

This situation arises frequently in suburban areas where homes are held individually and transferred later in life.

The issue is rarely family conflict. The issue is that ownership has not been legally re-established since the homeowner’s death, which prevents the title company from issuing insurance.

Options for Selling a Home Without Probate in Georgia

Probate is one way to establish authority after a death, but it is not the only path in every Georgia real estate transaction.

In some cases, ownership can be clarified and a sale completed without opening a probate estate. Whether that option exists depends on factors such as:

Our job is to evaluate these details and determine the correct approach before time and money are wasted.

If probate is required, we explain that clearly. If it is not, we prepare the documents needed to support the sale.

Legal Help Focused on Clearing Title for Sale

Hampton & Hampton LLP provides legal services designed specifically to resolve ownership issues that block real estate transactions after a death, including:

This work is limited in scope and transaction-focused. Its purpose is to remove legal obstacles so a sale can move forward.

What the Non-Probate Sale Process Looks Like

Step What Happens
1. Ownership Review We examine how the property is titled and who may hold rights.
2. Path Evaluation We determine whether probate is required.
3. Document Preparation We prepare documents requested by the title company.
4. Closing Coordination We work with the title company to resolve conditions.
5. Recording and Completion The transfer is completed and recorded.

Each step is aimed at one outcome: clearing the title so the sale can close.

Why Families in Alpharetta Choose Hampton & Hampton LLP

Clients work with our firm because:
  • We evaluate probate before treating it as the only solution. Not every stalled sale requires probate, and we confirm that first.
  • We work from the title company’s perspective. Our focus is on what allows the transaction to be insured and recorded.
  • We identify risks early in the process. Unresolved heir or spousal issues can surface late and jeopardize a sale. We address them upfront.
  • We offer flat-fee pricing for transaction-based work. Clients understand the legal costs associated with the sale before moving forward.
Most people contact us because a transaction has already slowed or stopped. Our role is to help get it moving again.

Providing over 15 years of non-probate support

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Common Questions About Selling a Home After a Death

We’re proud that our firm offers highly skilled legal services. With us you’ll never feel like our lawyers and staff don’t value your needs. We’re here to help and value your business!

No. Some sales can proceed without probate, depending on how the property was owned and what the title company requires.

An agreement alone does not establish legal authority. The title company must be able to insure ownership before closing.

Timing depends on the facts and how quickly documents can be gathered and executed.

If probate is necessary, we explain that early so you can decide how to proceed.

If probate is necessary, we explain that clearly so you can decide how to proceed.

Non-Probate Real Estate Services in Alpharetta and Nearby Areas

Hampton & Hampton LLP assists families and title companies in:

  • Alpharetta
  • Fulton County
  • Johns Creek
  • Roswell
  • Sandy Springs
  • Forsyth County
Arial view of downtown Alpharetta, Georgia

Schedule a Consultation

If you are attempting to sell or transfer a home after a loved one’s death in Alpharetta or nearby communities and the process has stalled, we can review your situation and explain the appropriate next steps.
alpharetta attorneys discussing non probate assets