Heir Buyouts. Atlanta, Georgia.
How to find out if you inherited property in Atlanta.
Maybe a parent or grandparent died years ago. There was no clear will. A house has been sitting in the family ever since, and nobody has really settled who owns it. You have a feeling you might be on the hook for part of it. Or entitled to part of it. But no one has ever spelled it out. There is good news if you want to find out whether you inherited property in Atlanta. You can confirm most of it yourself, for free, before you talk to a lawyer. This page walks you through how.
Signs you may have inherited property without knowing it
Heir property rarely arrives with a letter. It arrives as a feeling that something was never finished.
The common signs: a relative who owned a house died without a will. The house never got sold or formally divided. One family member lives there, or it sits empty while everyone pays a little toward the taxes. The deed was never updated, so the county still lists a person who has passed. When anyone raises the subject, the answer is vague.
If two or more of those fit your family, you probably already own a share of the property. You did not have to sign anything to get it. Under Georgia law, a share can pass to you automatically when a relative dies.
How to find out what you inherited, step by step
You can answer most of the question with public records. None of this requires a lawyer or any payment beyond small copy fees.
Check the deed
The deed is the legal record of who owns the property. In Georgia, deeds are recorded with the Clerk of Superior Court in the county where the property sits. The state also indexes them online for free through the Georgia Superior Court Clerks’ Cooperative Authority at gsccca.org. Look up the address and read the most recent deed. Whose name is on it? If it is a relative who has died, the title was never updated. That is the central clue.
Check for a will or probate
Search the Probate Court in the county where your relative lived. You are looking for whether an estate was ever opened and whether a will was filed. If nothing was ever probated, the estate likely passed under Georgia’s intestacy rules. That is the most common path to heir property.
Understand who inherits when there is no will
Georgia’s intestate succession law sets the order. A surviving spouse and children share the estate, and the spouse’s portion is never less than a third. If there is no spouse, the children split it equally. If a child has already died, that child’s share drops to their own children. The relatives who inherit this way are called the heirs at law. Say your parent or grandparent owned the house and died without a will. You may own a piece of it through that chain. Even if no one ever told you.
Check the tax record
The county tax assessor lists the owner of record and whether the property taxes are current. Unpaid taxes are common on heir property, because no single person feels responsible for the bill. A tax record in a dead relative’s name, with a balance owed, tells you a lot.
What your share actually means
Say the records confirm it. You are one of several heirs. In Georgia you are most likely a tenant in common. That means you own an undivided share of the whole property.
Undivided is the word that matters. You do not own the back bedroom or the left half of the yard. You own a percentage of all of it, alongside the other heirs. Each of you has the same right to the property. No single heir can sell the whole thing without the others. What you can do, on your own, is decide what happens to your share. For a fuller explanation, see our page on what heir property is in Georgia.
What you can do once you know what you own
Confirming your share is the hard part. Deciding what to do with it is where you get your options back.
If the family agrees on a plan, you may not need to do anything unusual. List the property, split the proceeds, and move on. If your family is on the same page, you do not need a company like ours.
It gets harder when the family is stuck. Maybe a sibling is living in the house and won’t move or pay. Maybe the deed is still in a deceased relative’s name and a normal buyer won’t touch it. Maybe one heir is pricing a partition lawsuit, the court process for forcing a sale. We cover the alternative to that lawsuit on its own page, because it is expensive and slow.
When the property is stuck and you want out, you can sell your share. The rest of the family does not sign, agree, or get notified. That is the one thing the law clearly lets you do alone. It works entirely remotely, too. That matters if you moved away and are handling an Atlanta property from another city. The Georgia Heirs Property Law Center states it plainly: “Each heir may transfer his or her interest to another heir or to an outsider.” You can read their explanation at gaheirsproperty.org.
You do not have to decide any of that today. First, find out what you own. The rest follows from there.
Frequently asked questions
How do I find out if I inherited property in Atlanta?
Start with public records. Look up the deed through your county's Clerk of Superior Court. Search the Probate Court for any will or estate filing. Pull the tax record from the county assessor. If a dead relative is still on the deed and nothing was probated, you are likely an heir. You can confirm all of that yourself before paying anyone.
Can I be an heir to property without knowing it?
Yes, and it is common. When a relative dies without a will in Georgia, their share passes to their heirs automatically. No one has to notify you, and no document arrives in the mail. People often learn they own a piece of a family property years after the death.
How do I find out whose name is on a deed in Georgia?
Deeds are recorded with the Clerk of Superior Court in the county where the property sits. Georgia also indexes them online through the Georgia Superior Court Clerks' Cooperative Authority. You search by address or by the owner's name. The record is public.
What happens if there was no will?
The estate passes under Georgia's intestacy law. A spouse and children share it, and if there is no spouse, the children split it equally. A deceased child's share moves down to their own children. That chain is how many people end up owning a share of a grandparent's house.
Do I need a lawyer just to find out what I own?
No. Confirming whether you are an heir is something you can do with public records on your own. A lawyer becomes useful later, if you decide to formally clear the title or transfer the property. Finding out is free.
I found out I own a share I don't want. What are my options?
You have a few. You can work with the family to sell the whole property. You can be bought out by another heir. Or you can sell your share to a buyer built for it. The other heirs do not sign or agree.