You finally have the Letters of Administration. The deed is handled. Then you find the problem nobody warned you about: a relative is still living in the house, isn’t paying anything, and won’t return your calls or letters.
This happens a lot more than people think. We work with families across DeKalb, Gwinnett and the rest of Metro Atlanta, and an inherited house with someone still living in it is one of the most common situations we see. It’s stressful, it’s personal, and it can stall the estate for months. Here’s what you should know.
First: you have the authority, but follow the process
Once the probate court names you as administrator or executor, you generally have the legal authority to manage estate property, and that includes deciding who lives in it. But having the authority doesn’t mean you can change the locks, shut off the utilities, or put someone’s things on the curb. In Georgia, removing someone from a home has to go through the court. Doing it yourself can backfire and open the estate up to liability.
What kind of occupant are they?
This matters because it affects the notice you have to give before you can file anything:
- A tenant with a lease or regular rent: if they were paying rent, Georgia’s newer rules (in effect for residential leases since July 2024) generally require a written notice to pay or vacate before you file for nonpayment.
- A “tenant at will”: someone living there with permission but no fixed lease. Georgia law (O.C.G.A. § 44-7-7) generally calls for 60 days’ notice from the owner to end that kind of arrangement.
- A “tenant at sufferance”: someone whose right to be there has ended but who stays anyway.
A family member who moved in when your loved one was alive and never signed anything can fall into more than one of these categories. Which one applies to your situation is a question for an attorney, and getting it wrong is one of the most common reasons these cases get delayed or have to start over.
Keep doing what’s working: document everything
If you’ve been sending letters by certified mail and keeping the green cards and receipts, keep it up. A clean paper trail (your Letters of Administration, copies of every letter, proof of delivery, and notes on any rent requested) makes an attorney’s job faster and your case stronger. Avoid heated texts or phone calls; put things in writing and keep it factual.
How the eviction itself works in DeKalb County
- Notice. The correct written notice is given and the deadline passes.
- Filing. A dispossessory affidavit is filed with the court in the county where the house sits. In DeKalb, that can be Magistrate Court or State Court.
- Service. The Marshal serves the occupant, who then has a short window (about 7 days) to answer.
- Hearing and judgment. If they answer, the court sets a hearing. If they don’t, you may be able to get a default judgment.
- Writ of possession and set-out. After judgment, the court issues a writ. In DeKalb, the owner must schedule the eviction with the Marshal’s Office within 30 days of the writ and supply the crew (usually at least 5 people) to move belongings out. DeKalb has had a significant backlog of set-outs, so ask your attorney how they plan for that wait.
Do you need an attorney? For this part, usually yes
We understand that legal fees add up, especially if you already paid to get through probate. But eviction is where a small mistake in a notice or a filing can cost you months. Many eviction attorneys offer a free consultation or a flat fee per filing. When you call, ask:
- Have you handled evictions on estate or probate property, where the plaintiff is an administrator?
- What notice do you recommend in my situation, and how long will it take?
- Is this a flat fee, and what does it include?
- How do you handle the DeKalb Marshal’s set-out backlog?
- Can we ask the court to have the occupant pay rent into the court while the case is pending?
If you don’t have an attorney, we’re happy to introduce you to the ones in our network. There’s no cost to you for the referral.
What happens to the house after it’s empty?
Once the house is vacant, most families face the next big question: keep it, rent it, or sell it. Renting it out can make sense, but after dealing with one occupant who wouldn’t leave, a lot of heirs aren’t eager to become landlords. If you’re leaning toward selling, you have options:
- A direct cash offer: we buy as-is, with zero commission and no repairs or cleanout required. Our network of cleanup crews, contractors and attorneys can even be paid at closing.
- A traditional listing: if getting top dollar is the priority, we can list it on the open market and market it to retail buyers.
We’ll show you the numbers for both side by side, so the family can decide together. And if you’d rather not wait for the eviction to finish, ask us about selling the house with the occupant still in it. It’s not right for every situation, but sometimes it’s the fastest way to close the estate.
You don’t have to sort this out alone
We’ve been helping Metro Atlanta families with inherited homes for over 27 years. Whether you need an attorney referral, a cleanout crew, or just someone to walk you through your options, call or text Nil Patel Real Estate at 678-954-8484. No pressure and no obligation.
This article is general information, not legal advice. Every situation is different. Please talk with a licensed Georgia attorney about your specific case before sending notices or filing anything.