Georgia Property Co.

HomeA house in an estate

Someone died and left a house in Georgia. Here is what to do about the house in the first two weeks.

In the first two weeks you protect the house and start the paperwork. Lock it, call the insurer, keep the power on, forward the mail, and find the will and the deed. Do not sell anything or give anything away yet. Nobody can sign for the house until the probate court names someone. The court filing can wait a few weeks. An empty house with no insurance cannot.

By Fitz Hall, Georgia Property Co.

Why the house comes before the court

The week after a death is full of the funeral and the relatives. The house sits there, and it feels like it can wait. The court filing can. The house cannot, because three things keep moving whether anyone files or not: the insurance policy, the tax bill and the loan.

Nothing on this page needs a court order. These are the things any family member can do, and should, before anyone is named to handle the estate.

Days 1 to 3: the locks, the keys, the water

Start with the building itself.

  • Walk the house. Check every door and window. If keys are out with people you cannot name, change the locks.
  • Give the keys to one person and write down who has them. Keep that list.
  • In winter, set the heat low but on, so the pipes do not freeze. If the house will sit empty for months, ask a plumber about shutting the water off at the street.
  • Take the valuables and the papers somewhere safe, and write down what you took. That means jewelry, guns, cash and the checkbook. You are holding them for the estate.
  • Leave everything else where it is. Do not start the cleanout. Do not give anything away. Those things belong to the estate until the court says who gets them.

Days 3 to 5: the insurance call

This is the call families skip most often. Many homeowner policies change what they cover once a house sits empty for 30 to 60 days. Some stop covering water damage or vandalism. Some cancel. The insurer will not tell you unless you call.

Call the company, not the agent's voicemail. Say the owner has died and the house is empty. Ask what the policy covers now, how long it stays in force, and what it costs to keep it or to switch to a policy for an empty house. Keep paying it. If the payment came out of your parent's bank account, that account may freeze, so move the payment to a card you control.

Days 5 to 7: the money that keeps moving

Four accounts keep running after a death. Each one needs a phone call.

  • The loan. If there is a mortgage, call the servicer, tell them the borrower died, and ask to be listed as a successor in interest. A federal rule lets a family member who inherits the house talk to the servicer and keep paying, without taking on a new loan. Keep paying. A missed payment starts a clock you do not want.
  • A reverse mortgage. If your parent had one, the whole loan comes due at the death. The servicer sends a notice, and the family has roughly six months, with extensions the servicer can grant, to sell the house, pay the loan, or hand the house back. Heirs who keep it can pay off the loan at 95 percent of the appraised value when the balance is higher than that. Call the servicer in the first week and ask for the timeline in writing.
  • Medicaid. If your parent got Medicaid for nursing-home or long-term care, the State of Georgia files a claim against the estate for what it paid, and the house is usually the asset it reaches. The state waives the first $25,000 of an estate, and the person handling the estate must tell the Department of Community Health in writing before handing anything out. Know this in week one, before anyone counts on the house.
  • The property taxes. Call the county tax commissioner. Ask what is owed and whether any year is already behind. Anyone can pay a tax bill, and the county does not care whose name is on the check. Ask about the homestead exemption too. It belonged to the person who lived there. A surviving spouse who stays can usually keep it, and an heir who moves in can apply, but on an empty house it goes away and the next bill can be a good deal higher.
  • The power and water. Keep them on. Move the accounts to your name or the estate's, or just keep paying them. A house with no power grows mold in a Georgia summer.
  • The mail. File a forwarding order with the post office so the bills and the bank letters come to you. The bank statements will tell you what else is out there.

Read next: Our late parent's house is behind on taxes in Georgia. What do we do?

Days 7 to 10: the papers, and where they hide

You are looking for five things: the will, the deed, the last tax bill, the insurance policy and the latest loan statement. People keep them in the same few places. A desk drawer, a fireproof box, a safe deposit box at the bank, or with the lawyer who wrote the will.

If there is a will, do not sign it, write on it or lose it. Georgia law says the person holding a will must file it with the probate court after the death, even if the family never opens an estate. If you cannot find a will, the house passes under Georgia's rules for who inherits, and the court names an administrator instead of an executor.

If you cannot find the deed, the county has it. The clerk of superior court in the county where the house is keeps every recorded deed, and the tax assessor's site will show who is on it.

Days 10 to 14: the court, and what to ask the clerk

By the second week you know what you have. Now find the probate court for the county where your parent lived, not the county where the house is, if they differ. Call the clerk. Clerks in Georgia cannot give legal advice, but they will tell you which petition fits, what it costs, and how they take filings.

Decide who will handle the estate. With a will, it is the person the will names. Without one, the family picks and the court agrees, or the court picks. Agreeing on one person before anyone files saves months of notice and waiting.

Decide whether you want a lawyer. Many Georgia estates are filed by the family with the free state forms. A lawyer earns the fee when heirs disagree, when someone cannot be found, or when the estate has to sell under a court order.

  1. Day 1

    Lock the house. Settle the keys. Take the valuables and papers somewhere safe, and write down what you took.

  2. Day 3

    Call the insurer. The owner died, the house is empty, what does the policy do now.

  3. Day 5

    Call the loan servicer and the county tax office. Keep both paid.

  4. Day 7

    Forward the mail. Order the death certificates.

  5. Day 10

    Find the will, the deed, the tax bill, the policy and the loan statement.

  6. Day 14

    Call the probate court clerk. Pick the person who will file. Decide on a lawyer.

What you may take out, and what you must leave

Some families strip the house the first weekend. Some will not touch a cup. The job in these two weeks is to protect what is there.

  • Take out food that will spoil, pets, plants, and anything that will be damaged by sitting: a car, a boat, medicine.
  • Take valuables and papers to a safe place, with a written list of what you took and where it is.
  • Photograph every room before anything moves. It settles arguments later, and the court may ask for an inventory.
  • Leave furniture, clothes and the rest where they are until someone is named to handle the estate. If the will gives Mom's ring to a sister, it is still the estate's ring until the executor hands it over.
  • If a relative was living in the house, nothing here lets you put them out. That is a court matter.

If you live far away

Every step above can be done by phone except the walk-through and the photos. Pick one person near the house for those. If there is nobody, we can go. Our page for an executor who lives out of state covers the oath, the filing and the closing from a distance.

The two clocks that run no matter what

The tax clock. Property tax in Georgia does not pause for a death. A bill that goes unpaid becomes a lien, and after enough time the county can sell the house at a tax sale. The family can buy it back for at least a year after, at a 20 percent premium, plus 10 percent for each year after that, until the buyer cuts off the right. By then the house has changed hands once already.

The heirs clock. Without a will, the house passes to the heirs under Georgia law the day of the death. Every year it sits in a dead person's name, an heir can die too, and their share splits again. A house that needed three signatures in year one can need nine in year five.

Where we come in

We work with Georgia families in exactly these two weeks. Send us the address and we will tell you, in a day, what the county shows: who is on the deed, what is owed in taxes, whether a sale date exists, and whether anyone has opened an estate. That is the list you would spend the second week building. If the family later decides to sell, we can be the buyer, and we help with the cost of opening the estate when the family picks an option that involves us.

Questions people ask

Can we clean out the house before probate?

You can take out what will spoil, what will be damaged, and the valuables for safekeeping with a list. Leave the rest until the court names someone to handle the estate. Giving things away now can put you on the hook to the other heirs.

Who pays the bills on the house until the estate is opened?

Whoever can. The estate pays you back later if you keep receipts. The insurance and the loan are the two that cannot slip.

Does the insurance stay in force after the owner dies?

Only for a while, and often with less cover once the house is empty. Call the company in the first few days and ask.

The house is still in my parent's name. Can we sell it?

Not yet. Someone has to be named by the probate court first. That takes weeks when the heirs agree and months when they do not.

What if we cannot find a will?

Georgia's rules decide who inherits, and the court names an administrator. Look in the desk, the fire box, the bank's safe deposit box, and with any lawyer your parent used.

Do I have to file a will I found?

Yes. Georgia law says whoever holds the will must file it with the probate court after the death, even if no estate is ever opened.

Where these facts come from

Written by Fitz Hall and checked against these sources on October 15, 2026. This page explains how things work. It is not legal advice.

In the first two weeks and not sure what the county shows? Send the address.

Free, and you do not have to be the one who will handle the estate.

Prefer to talk? Call 678-379-6820