Selling a House in Probate in Georgia

When a loved one passes away and leaves a house behind, the house usually can’t be sold until someone has legal authority to act for the estate. In Georgia, that authority comes from the probate court. This guide walks through how selling a house in probate works in Georgia, what tends to slow it down, and how to protect the property while you wait.

We’ve helped Metro Atlanta families with inherited and probate houses for 27 years. We’re not attorneys, and this page isn’t legal advice. Every estate is different, so please talk with a Georgia probate attorney about your situation. If you don’t have one, we can connect you with one from our network.

Step one: get authority to sell

A house titled in the name of someone who has died can’t simply be signed over by a family member. The probate court has to appoint a personal representative first. In Georgia, that happens in one of two ways:

Getting from filing to letters often takes a few weeks to a month, depending on the county and whether any heir objects. A will can be probated in “common form” (faster, with no notice to heirs, but it can be challenged for up to four years) or “solemn form” (heirs get notice and a chance to object, and the result is final for those served). Your attorney will help you choose.

Some estates qualify for a simpler route. If all debts are paid and every heir agrees on how to split the property, Georgia lets heirs petition for an order that no administration is necessary. Ask your attorney whether that fits your family.

When you need the court’s permission to sell

Having letters doesn’t always mean you can sell right away.

• The will gives the executor a power of sale. Many Georgia wills do. If yours does, the executor can usually list, accept an offer and close without going back to court.
• There’s no will, or the will doesn’t grant that power. The personal representative generally has to file a petition for leave to sell with the probate court (O.C.G.A. § 53-8-13). The heirs get notice, and if no one objects in time, the court can approve the sale. If someone objects, there’s a hearing.
• The heirs grant powers up front. Georgia’s petition for Letters of Administration lets heirs unanimously sign a grant of extra powers, which can include selling property without a separate petition later. Every heir has to sign.

If court approval is needed, plan on roughly 30 to 90 days for it, depending on the county’s calendar and any objections.

Year’s support for a surviving spouse or minor children

Georgia has a protection called year’s support. A surviving spouse or minor children can petition the probate court for property to support them for 12 months after the death. It has to be filed within two years of the death, and it generally comes ahead of most other estate debts (though not ahead of a mortgage or other loan secured by the property). A year’s support award can include the family home, which can change who owns the house and how it gets sold. If this might apply to your family, raise it with your attorney before you sign anything with a buyer.

A realistic timeline

1. Petition and letters: often a few weeks to about a month after filing.
2. Notice to creditors: the personal representative publishes a notice once a week for four weeks in the county’s legal newspaper, within 60 days of being appointed. Creditors then have three months from the last notice to make claims.
3. Permission to sell, if needed: commonly 30 to 90 days.
4. Selling the house: a cash sale can close on the date you choose. An open-market listing depends on prep work, showings and the buyer’s financing.
5. Closing out the estate: simpler estates often wrap up in 6 to 12 months. Contested or complicated estates can take much longer.

A sale doesn’t always have to wait for the entire estate to close. Your attorney can tell you when the house can go under contract and when it can close.

What it costs

Probate costs vary by county and by how complicated the estate is. Expect some combination of court filing fees, certified copies, the newspaper notice to creditors, a bond if the court requires one, and attorney’s fees. Ask your county probate court for its fee schedule and ask your attorney for an estimate up front. On the house itself, a cash sale to us has no commission, and we buy as-is, so you don’t pay for repairs or a clean-out before closing.

When heirs don’t agree

Disagreements are common, and they’re usually about money or timing: one heir wants to sell fast, another wants to fix it up and get top dollar, and another wants to keep it. If a petition to sell goes to the court, heirs can object and the court may hold a hearing. Clear numbers help. When every heir can see a firm cash offer and a realistic open-market net side by side, it’s much easier to agree on a path. If the disagreement turns into a legal dispute, that’s a job for the attorneys.

A house full of belongings

Many probate houses are still full of a lifetime of furniture, papers and keepsakes. You don’t have to empty it before you sell to us. Take what matters to your family, and we’ll handle the rest after closing. If you’d rather list on the open market, people in our vendor network handle estate sales, junk removal and cleaning, and some can be paid at closing instead of out of pocket.

Taxes, insurance and upkeep during probate

• Property taxes keep coming due while the estate is open. Make sure the tax bill reaches the personal representative.
• Insurance matters more than people expect. Many homeowner’s policies limit coverage when a house sits vacant. Call the insurer, tell them the owner has passed, and ask what coverage the estate needs.
• Mortgage payments don’t stop. If there’s a loan, talk to the lender and your attorney early, especially if payments are falling behind. Our stop foreclosure page has more help.
• Utilities and upkeep: keep the lights and water on for showings and inspections, keep the yard mowed, and check on the house regularly.
• Income taxes on the sale: inherited property usually takes a tax basis equal to its fair market value on the date of death, which often means little or no gain if it sells soon. Ask a CPA how this applies to your estate.

Common mistakes to avoid

• Signing a contract before you have authority. Only the personal representative, once appointed, can sign for the estate.
• Selling without knowing the value. Get a real number before you accept any offer, including ours.
• Waiting too long. Taxes, insurance, utilities and mortgage payments keep adding up while a house sits empty.
• Going it alone. A Georgia probate attorney is worth it. They know the local court and the deadlines.

How the Double Offer helps executors and heirs

Nil Patel Real Estate is both a cash buyer and a licensed brokerage with Keller Williams Realty Atlanta Partners, so we can show you both sides of the choice. From one walkthrough of the house, you get:

Two offers. One walkthrough. Put them side by side, share them with your attorney and the other heirs, and choose what’s best for the estate.

Inheriting a house without probate, or not sure yet? Read selling an inherited house. If you’re an attorney handling an estate, see our page for probate attorneys. For more quick answers, visit our probate real estate FAQ.

Please note: This page is general information, not legal advice. Probate rules and court procedures change and vary by county. Please talk to a Georgia probate attorney about your estate.