- 1074 W. Taylor Street, Chicago IL
- IL: 1-312-278-3255
- 12150 Morris Rd, Alpharetta GA
- GA: 1-470-567-1529
We typically hear from families after one of these situations:
This situation is common in Atlanta, particularly when a home is owned individually, and no planning was done in advance.
The issue is not disagreement among heirs. The issue is that the legal owner of record has passed away, and the title company cannot insure the sale until ownership is legally clarified.
In Georgia, probate is one way to establish authority to sell a home after a death, but it is not the only possible option in every situation.
Whether a sale can proceed without probate depends on:
Our role is to review these factors and answer one question clearly:
Does this home sale require probate, or is there another legally acceptable way to clear title?
If a non-probate path is available, we prepare the documentation needed to support the closing. If probate is required, we explain that early so families can make informed decisions.
Hampton & Hampton LLP provides legal support focused specifically on post-death real estate transactions, including:
This service is transaction-specific. It exists to remove the legal barriers that prevent a real estate sale from closing after a death.
| Step | Process Description |
|---|---|
| 1. Review Property Ownership | We perform a detailed review of how the home is titled and identify all individuals who may have legal ownership rights. |
| 2. Determine the Legal Path | Our experts identify the most efficient legal route, specifically determining if the sale can proceed without a lengthy probate process. |
| 3. Prepare Required Documents | We handle the preparation of all specialized legal and title documents required by the title company for a clean transfer. |
| 4. Coordinate With Title Company | We work directly with underwriters to address conditions and ensure all title requirements are met before closing. |
| 5. Support Closing and Recording | We provide final support as the title company completes the sale and officially records the transfer with the county. |
The goal is straightforward: get the transaction to closing without unnecessary delay.
Let us help with your non-probate asset
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!
Not always. Some sales can proceed without probate, depending on how the property was titled, who the heirs are, and what the title company requires.
A title company must insure ownership. If the owner of record has passed away and the authority to sell is unclear, the title company cannot close the transaction.
An agreement alone is not enough. The title company still needs legally acceptable documentation showing who has the authority to transfer ownership.
Timing depends on the facts of the situation and how quickly required documents can be gathered and executed.
If probate is necessary, we explain that clearly so you can decide how to proceed.
