Probate Real Estate FAQ

Probate can feel like a maze, especially while you’re grieving. Here are straight answers to the questions Georgia families ask us most about selling a house in probate. For the full walkthrough, read our guide to selling a house in probate in Georgia.

Probate basics

What is probate, and why is it needed?

Probate is the court process that settles a person’s estate after they die. The court appoints someone to act for the estate, creditors get a set time to make claims, and remaining property passes to the heirs or beneficiaries. For a house, probate is what gives someone the legal authority to sell it or transfer the title.

Does everything have to go through probate?

No. Property owned jointly with right of survivorship usually passes straight to the surviving owner. Accounts with a named beneficiary, such as life insurance, retirement accounts and payable-on-death accounts, and property held in a living trust, generally skip probate. A house titled only in the deceased person’s name usually needs probate or a court order before it can be sold.

Where is probate handled in Georgia?

In the probate court of the county where the person lived when they died. If they also owned real estate in another state, that state may require its own separate (“ancillary”) probate for that property.

What happens if there’s no will?

The court appoints an administrator and issues Letters of Administration. Georgia’s inheritance law then decides who gets the property, starting with the spouse and children. Selling the house usually takes either court permission or powers granted by all the heirs up front.

How do I find out if there was a will?

Check with the probate court in the county where the person lived. Once a will is filed with the court, it’s a public record, and you can usually get a copy for a small fee. Also check with the person’s attorney, safe deposit box and important papers.

Who’s in charge

Who has the authority to sell the house?

The personal representative: the executor named in the will, or the administrator appointed by the court if there’s no will. Until the court issues letters, no one has authority to sign a contract for the estate. Family members who aren’t the appointed representative can’t sell the house on their own.

I’ve been named executor. Do I have to accept?

No. You can decline, and you can generally resign later, though the court may require an accounting of what you did while serving. The court then appoints an alternate named in the will, or someone else.

What are the personal representative’s main duties?

Find and protect the estate’s property, collect money owed to the estate, notify creditors and pay valid debts and expenses, file tax returns, keep records, and distribute what’s left to the right people. The house needs care too: insurance, taxes, utilities and regular checks. A representative who mismanages the estate can be held personally responsible for the losses.

Can I handle probate without a lawyer?

Georgia doesn’t require you to hire one. But probate is formal and full of deadlines, and small mistakes can delay the sale or create personal liability. We strongly recommend a Georgia probate attorney. If you don’t have one, our network can connect you with one who is paid at closing.

Timeline and cost

How long does probate take in Georgia?

Simpler estates often take 6 to 12 months, and contested or complicated ones can take much longer. One fixed piece is the notice to creditors: it runs once a week for four weeks, and creditors then have three months from the last notice to make claims. Missing heirs, will contests and disputes are the usual causes of delay.

How much does probate cost?

It depends on the county and the estate. Typical costs include court filing fees, certified copies, the newspaper notice to creditors, a bond if required, and attorney’s fees. A will contest can make costs much harder to predict. Ask your attorney for an estimate up front.

What if the estate is small?

Georgia allows heirs to petition for an order that no administration is necessary when the debts are paid and all the heirs agree on how to divide the property. It can be faster and cheaper than a full administration. A probate attorney can tell you if your situation qualifies.

Selling the house

Do I need the court’s permission to sell?

It depends. If the will gives the executor a power of sale, the executor can usually sell without going back to court. If not, or if there’s no will, the personal representative generally must petition the court for leave to sell, unless all the heirs granted that power at the start.

Can I sell the house before probate is finished?

Often, yes. Once the personal representative has authority (and court approval, if needed), the house can usually be sold while the rest of the estate is still open. Your attorney will tell you exactly when you can sign a contract and close.

Do I have to clean out or repair the house first?

Not if you sell to us for cash. We buy as-is, belongings and all. Take what your family wants, and we’ll handle the rest. If you list on the open market instead, we can recommend vendors for clean-outs, estate sales and repairs, and many of them can be paid at closing.

What if the heirs don’t agree on selling?

This is common. Heirs can object to a petition to sell, and the court may hold a hearing. It often helps to put real numbers in front of everyone. Our Double Offer shows a firm cash offer and a projected open-market net side by side, so each heir can see the trade-offs.

What about the mortgage, taxes and insurance while we wait?

They keep coming due. Keep paying the mortgage if there is one, make sure the property tax bill reaches the personal representative, and call the insurer, because many policies limit coverage on a vacant house. If payments are behind, see our stop foreclosure page and talk with your attorney right away.

Do the heirs have to pay the estate’s debts out of their own pockets?

Generally, no. Valid debts are paid from the estate’s assets, which sometimes means selling the house. Heirs usually aren’t personally responsible for the deceased person’s debts unless they co-signed, guaranteed or otherwise took on that debt.

Will we owe tax when we sell an inherited house?

Inherited property usually takes a tax basis equal to its fair market value on the date of death, which often means little or no taxable gain if it’s sold soon after. Every estate is different, so check with a CPA.

What is year’s support, and how does it affect the house?

Year’s support lets a surviving spouse or minor children petition the probate court for property to support them for 12 months. It must be filed within two years of the death and comes ahead of most estate debts, though not loans secured by the property. An award can include the home, so raise it with your attorney before signing a contract.

Working with us

How does the Double Offer work for a probate house?

We start with a short call, then a phone or Zoom consultation about the house and the estate. We may share a price range then, but never a blind offer. After one in-person walkthrough, you get a firm cash offer with zero commission and a listing plan with a projected open-market net, side by side. Two offers. One walkthrough.

Who handles the closing?

A closing attorney. If the estate doesn’t already have one, our network can connect you with one who is paid at closing. With a cash sale, you pick the closing date, so it can line up with the court’s timeline.

Do you work with probate attorneys?

Yes. We regularly work alongside attorneys handling estates across Metro Atlanta. Attorneys can learn more on our probate attorneys page.

Inherited a house that may not need probate? See selling an inherited house. You can also read what our clients say or meet our team.

Please note: These answers are general information, not legal or tax advice. Please talk to a Georgia probate attorney (and a CPA for tax questions) about your estate.