Families in Atlanta, Alpharetta, and across Georgia often ask a simple but important question: who legally counts as an heir? The answer matters more than most people realize. Under Georgia law, identifying heirs is not optional; it’s to divide property, complete probate, and clear title. Miss one heir, and the entire process can grind to a halt.
How Georgia Law Defines an Heir
Georgia law (OCGA § 53-2-1) sets the order of heirs when someone passes away without a will. This is called intestate succession.
- Spouse: If there are no children, the spouse inherits everything. If there are children, the spouse and children inherit equally; however, the spouse must receive at least one-third of the estate.
- Children: Biological and adopted children inherit equally. If a child has passed away, that child’s descendants’ step into their share.
- Parents: If there is no spouse or child, the estate passes to the surviving parents.
- Siblings: If there are no spouses, children, or parents, brothers and sisters (and their descendants) inherit.
Every heir in the legal line must be identified. That’s why probate courts often require a family tree or affidavit of heirs before property can be distributed.
Common Misconceptions Families Believe
Many Atlanta and Alpharetta families delay probate or attempt to transfer property informally, leading to costly mistakes:
- “I pay the property taxes, so I’m the owner.” Paying taxes does not make someone the legal heir. The title remains clouded until the estate is settled.
- “Grandma said it was mine, so it’s mine.” Verbal promises carry no legal weight under Georgia inheritance law.
- “We can just sign it over without probate.” Without probate or a valid No-Administration Necessary petition, deeds signed by only some heirs often won’t clear title.
What Families in Metro Atlanta Experience
In Fulton, DeKalb, and Forsyth counties, families regularly face delays because one heir is missing, uncooperative, or unknown. Without every heir accounted for, property sales cannot close, lenders will not approve mortgages, and title insurers will not issue policies.
For multigenerational families, this problem only grows. A single piece of land in Atlanta might have dozens of co-owners across generations. That’s why probate or formal legal resolution is usually required before property can be sold or transferred.
How to Confirm Who the Heirs Are
- Start with a family tree: List all children, grandchildren, parents, and siblings of the deceased. Georgia probate courts expect reasonable efforts to identify heirs, such as reviewing family records, obituaries, public documents, and interviewing surviving family members
- Follow Georgia Intestacy Laws: If there is no will, Georgia Code OCGA § 53-2-1 sets out an order of priority for heirs: spouse, children, parents, siblings, and more distant relatives as necessary
- Public Notice and Publication: If heirs are unknown or addresses are not available, the court requires notice to be published in a local newspaper. This serves to notify any unknown heirs of the proceedings and allows them to come forward. An experienced Probate Attorney in Atlanta, GA, or Alpharetta, GA can help you with public notice and publication once a petition for probate has been filed.
- Heirship Hearings: If there is uncertainty or disputes about heirship, the court may hold a hearing with evidence, testimony, and possibly affidavits to determine the rightful heirs based on law and facts
If you’re unsure how to confirm heirs or navigate the process, an experienced Atlanta probate attorney can guide you through each step.
FAQs Inspired by Real Questions
My aunt died in Georgia, and only one sibling is alive. Do I have to track down cousins I’ve never met?
Yes. If your aunt’s deceased siblings have children, those children inherit their parents’ share. All heirs must be included.
We’ve all agreed to sell the house in Fulton County except one cousin. Can we move forward without him?
No. In Georgia, unanimous agreement among heirs is required for a “No Administration Necessary” petition. Without it, you’ll need formal probate or a partition action.
The tax bill is in my name. Does that make me the heir?
No. Tax records do not replace Georgia’s probate process or inheritance rules. You may be paying the taxes, but the title remains clouded until a legal transfer occurs.
How long does probate usually take in Fulton or Forsyth County?
It depends on the estate’s complexity. Simple estates may be completed in months, but disputes or multiple heirs can extend the process significantly.
Call to Action
If your family is facing questions about heirs or inheritance in Atlanta, Alpharetta, or surrounding areas, don’t leave the process to chance. Confirm heirs early, clear title properly, and protect your family’s property before disputes arise. Contact Hampton & Hampton today to schedule a consultation.