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.
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.
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.
| 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.
Providing over 15 years of non-probate support
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.
Hampton & Hampton LLP assists families and title companies in: