A good client of yours calls, and wants you to handle the sale of his mother’s house. His mother passed away in June 2023, so you know that some probate would be required (since she died less than 3 years ago). You ask if his mother’s will has been probated, and he says that there wasn’t a will. He explains that the family hired a probate attorney, and that some sort of order was obtained that gave he and his sisters title to the house. You express some concern over a sale without probate and he becomes annoyed, saying that the probate attorney told him the order was all he needed. What type of order would allow him to sell without probate?

Did You Know . . . about the No Administration Necessary process? Did you know that it is not always necessary to have a formal administration of an intestate estate? Under O.C.G.A. §53-2-40(b), when there are no debts (or when satisfactory arrangements have been made for all of the debts to be paid), the heirs of the decedent may, by unanimous consent, agree upon a division and distribution of the assets of the estate. A petition may be filed under O.C.G.A. §53-2-40, and an order issued that finds no administration is necessary and confirms the vesting of title to the decedent’s property in the heirs. For real property, the order will specifically set forth the name and address of the decedent, the name and address of all heirs who take title to (or an interest in) the real property pursuant to the order, and the interest in the real property acquired by each heir. See O.C.G.A. §53-2-40(d). When real property is awarded in the No Administration Necessary Order, the court records a certified copy of the order in the deed records in each county in Georgia where the real property is located.

Practice Tip: Where a No Administration Order appears in the deed records, title is vested in the heirs as set out on the Order. No deed out of the estate is necessary to vest title in the heirs.

Courtesy of First American Title