What Happens to Your House When You Die in Georgia?
For most Georgia families, the home is the single most valuable asset they own. It’s where life happened — where children grew up, holidays were celebrated, and memories were made. So what happens to it when you’re gone?
The answer depends almost entirely on whether you have an estate plan — and what kind.
If You Have No Plan at All
Without a will or trust, Georgia’s intestacy laws take over. That means the state’s default rules — not your wishes — determine who inherits your home. Your property will likely pass to your closest relatives, but not necessarily in the way you would have chosen.
For example, if you are married with children, Georgia law guarantees your surviving spouse no less than one-third of your estate but the remaining two-thirds is divided among your children, regardless of how many there are. That means your spouse does not automatically receive the full home, and depending on the size of your estate, their share may not be enough to stay in it. If your children are minors, a court-appointed conservator will manage their share until they turn 18. And when they do turn 18, they receive their inheritance outright no strings attached.
Before any of this happens, your family will need to go through Georgia’s probate process — a court-supervised proceeding that is public, can take months, and comes with real costs.
If You Have a Will
A will allows you to name exactly who should receive your home and in what shares. That’s a significant step forward. But here’s what many people don’t realize: a will still goes through probate. Your family cannot simply take possession of the property — the court must first validate the will and authorize the transfer. Depending on the circumstances, this process can delay your family’s access to the home for months.
If You Have a Revocable Living Trust
When your home is titled in the name of your revocable living trust, it passes directly to your beneficiaries at your death — no probate required. Your successor trustee handles the transfer privately, promptly, and without court involvement. For most homeowners, this is the cleanest and most efficient path.
If You Have a Transfer on Death Deed
Georgia allows homeowners to use a Transfer on Death (TOD) deed to pass real property to a named beneficiary without going through probate. You record the deed now, retain full ownership and control during your lifetime, and upon your death, the property can pass outside of the probate process. However, it is not quite as simple as it may sound your beneficiary does not automatically receive the property. To claim it, they must file an affidavit with the Superior Court in the county where the property is located. For some homeowners, particularly those with straightforward situations, a TOD deed can still be a practical and cost-effective tool.
That said, a TOD deed is not a substitute for a complete estate plan. It addresses one asset — your home — but does nothing for everything else you own.
The Bottom Line
Your home does not automatically go to the people you love most. Without the right plan in place, it goes wherever Georgia law says it goes — and that may look very different from what you intended.
The good news is that this is entirely within your control. A conversation with an estate planning attorney can help you understand exactly which option fits your situation — and give your family the clarity and protection they deserve.
