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How to Legally Remove Someone from Estate Property After Death in Georgia
What You Need to Know About Occupants Living in a Deceased Person’s Home?
When someone passes away in Georgia, their real estate, like a home, becomes part of their estate. But what if someone is still living in that property?
Whether it’s a family member, friend, or unrelated tenant, this creates a legal and emotional challenge. And the most common question we hear is:
👉 “Can we evict someone from a deceased person’s property if no one is officially in charge yet?”
The answer: NO. Not until the probate court appoints a personal representative.
Estate Property Is in Legal Limbo Until Probate Begins
In Georgia, real estate owned by a deceased person doesn’t automatically transfer to the next of kin. Under O.C.G.A. § 53-2-7, the property becomes part of the probate estate.
Until the estate is opened and a representative is appointed, no one has legal authority to:
Sell the property
Collect rent
Make repairs or changes
Evict someone living there
Even adult children or spouses don’t have power unless the probate court appoints them as:
Executor (if there’s a will), or
Administrator (if there’s no will)
👉 Being an heir does not give someone the legal right to occupy or control estate property. Heirs may inherit the property, but cannot act on it until formally appointed.
Why You Can’t Evict Without a Court Appointment
Let’s say someone is living in the property without permission. It might seem reasonable to change the locks or issue an eviction notice. But in Georgia, you can’t take legal action without the appropriate court authority.
Only the appointed personal representative of the estate can:
File a dispossessory (eviction) proceeding
Serve legal notices
Represent the estate in court
Make decisions about the property
That authority is granted only after the court issues:
Letters Testamentary (with a will)
Letters of Administration (without a will)
These documents give someone legal power to act on behalf of the estate, per O.C.G.A. § 53-6-30.
What Happens If the Occupant Won’t Leave?
It’s not unusual for someone to stay in a loved one’s home after they pass—especially if they were a relative or close friend. They might believe they have a right to remain, even if their name isn’t on the deed or lease.
But unless they’ve been permitted through a valid legal process, they are considered unauthorized occupants.
Trying to remove them without going through the proper probate process can lead to serious problems, including:
Lawsuits for unlawful eviction
Delays in the probate administration process
Family conflicts
Potential civil liability
Even if the person “shouldn’t be there,” the law is designed to protect all parties until the court approves a legal representative.
What To Do If You’re Dealing with This Situation?
Hire an attorney and take the necessary steps in Georgia if someone is living in a deceased person’s home:
File a petition for probate in the county where the deceased last lived.
Request appointment as the executor or administrator of the estate.
Once appointed, the court will issue your:
Letters Testamentary or
Letters of Administration
You now have the legal authority to manage the estate—including filing an eviction through Georgia’s Dispossessory Proceedings Law (O.C.G.A. § 44-7-50 et seq.)
Final Takeaway:
Don’t skip probate process. If you are trying to evict someone from estate property without going through probate is illegal and can also backfire. The law in Georgia is clear that only the court-appointed personal representative can make decisions about estate property. This underscores the importance of following the legal process.
If someone is living in your loved one’s home after their death, the first step is not confrontation; it’s court authorization.
📞 Need help navigating probate or dealing with estate property in Georgia?
At Thompson Mungo Firm, we guide families through the legal process with compassion, clarity, and professionalism.
Call us today at 678-855-6002 to schedule a consultation. Protect your loved one’s legacy, legally and respectfully.