Can a sibling live in the inherited house rent-free in Georgia?

Once you and your siblings inherit a house jointly — either through a will or by intestate succession — you are co-owners (specifically tenants in common, in most Georgia cases). Under Georgia property law, each co-owner has an equal right to possess and use the entire property, regardless of their percentage share.

That means: yes, technically, one heir can move in and live there. The other heirs cannot simply demand they leave. Each heir's ownership share gives them the right to occupy.

The default rule breaks down when the occupying sibling excludes the other heirs from also using the property. In Georgia law this is called ouster, and once it happens, the occupying heir owes the others their share of fair market rent for the months they were excluded.

What counts as ouster:

• Changing the locks and refusing to give other heirs keys.
• Telling other heirs they can't enter the property.
• Renting the house out to a third party and pocketing the rent without sharing it.
• Refusing reasonable access for property checks, repairs, or preparing the house for sale.

What does not count as ouster:

• Sibling lives there but other heirs can still visit. No exclusion.
• Sibling pays the property taxes, insurance, and mortgage out of pocket while living there. Courts may credit those payments against any later rent owed.
• Sibling was already living with the deceased before the death (often as a caregiver).

1. 1

   Document and request fair-market rent.

   If the occupying sibling has effectively ousted the others, the other heirs can demand their proportional share of fair-market rent in writing. A licensed Georgia REALTOR® can document the fair rental value. Many situations resolve at this step — the occupying sibling starts paying, or moves out, or agrees to a sale.

2. 2

   Petition for an accounting in the probate case.

   If probate is still open, the appointed executor or administrator has authority to demand the occupying sibling either pay rent to the estate or vacate so the property can be sold. The probate court can order this. Cheaper than a separate lawsuit.

3. 3

   File a partition action.

   If the sibling won't agree to sell and won't pay rent, any other co-heir can file a partition action in Georgia Superior Court. The court orders the property sold and the proceeds divided according to ownership shares — with credits for taxes paid and offsets for any rent owed. The occupying sibling cannot block this; they're entitled to their share of the money but cannot prevent the sale.

4. 4

   Buy them out (or sell to them).

   If the occupying sibling has the means or can qualify for a loan, they buy out the others at appraised value. Cleanest exit if everyone agrees on the number. We can introduce you to a Georgia probate attorney who handles buyout paperwork and a real estate appraiser who provides the valuation.

The murky period. Probate is open, no executor or administrator has been formally appointed yet, and the sibling is already in the house.

In this window, no individual heir has authority to evict or force rent payment. The first move is to push the probate case forward — get Letters issued — so the executor/administrator has authority to act. Until then, informal pressure (a letter from a Georgia probate attorney) is often what resolves things.