Refinancing After Spouses Death

Summary

Probate is usually necessary in Georgia to transfer property ownership after a spouses death. The probate court can remove the deceaseds name from the title. If there is a will, it should be probated; if not, an administrator can be appointed to handle the estate. Consult a local probate attorney for specific advice.

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My husbands wife died 13 years ago, the mortgage was in his and her name. He has since paid off the home and we are looking at refinancing; however, we were told we must probate her estate but she had nothing to settle.
Hello ****, in Georgia, probate is usually necessary to transfer property ownership after death. Here are some points:
- Probate court can remove the deceased's name from the title.
- If the deceased left a will, it should be probated.
- If there's no will, an administrator can be appointed to handle the estate.
Please consult a local probate attorney for specific advice.