When you inherit real estate, and are ready to sell, there are certain steps that need completed before you can put that “For Sale” sign in the front yard. Even if everyone agrees to sell the house, making sure each step is completed is critical to protecting your rights and ensuring you have the right authority to sell the property. Navigating Georgia probate can be tricky, so having an attorney assist you through the process helps it go smoothly.
At DeLorme, Hamilton, Raulston, PLLC, our Georgia probate attorneys are here to help. When you inherit a home that needs sold, knowing you’ve accomplished each proper step helps you rest easy.
1. Probate Must Be Opened Before the Home Can Be Sold
Under Georgia law, you generally cannot sell inherited property before it is opened in probate court. Probate is a legal process where the will is validated if one exists. It also appoints a personal representative and will oversee the distribution of all assets.
Georgia recognizes two main probate paths:
- Probate With a Will (Testate): The executor named in the will petitions the probate court.
- Probate Without a Will (Intestate): An administrator is appointed according to Georgia’s priority rules.
Probate is still required even if all of the heirs agree on everything. The only exception to probate is when the real estate was properly placed in a non-probate form of transfer. This might include a living trust, or joint tenancy with right of survivorship.
2. The Executor or Administrator Must Be Granted Authority to Sell
Once probate gets opened, the court will issue either:
- Letters Testamentary: for executors of a will
- Letters of Administration: for administrators when there is no valid will
These letters are what give authority to those individuals to act on behalf of the estate.
3. Title Must Be Reviewed and Cleared
Inherited property often has title issues that must be resolved before listing:
- Outstanding mortgages or home equity loans
- Property tax liens
- Judgment liens
- Undocumented heirs
- Boundary or deed errors
- Missing probate filings from prior generations
4. All Heirs Must Be Identified and Notified
Probate law requires that every heir be identified, even if the will names specific beneficiaries. This ensures that:
- All heirs receive proper legal notice
- Anyone with a potential claim has an opportunity to participate
- The estate can be distributed correctly
If an heir cannot be located, the court may require additional steps such as publication notices. If an heir contests the sale, the court may need to resolve the dispute before the property can be listed.
5. The Property Must Be Legally Transferred Into the Estate
Before the home can be sold, it must be formally recognized as an estate asset. This typically involves:
- Filing an inventory (if required by the court)
- Documenting the property’s value
- Ensuring the deed is properly recorded
If the home was owned with survivorship rights, the surviving owner can likely inherit the property automatically. In those cases, probate may not be required for the home on its own, but title still has to be updated before it is listed for sale.
6. The Personal Representative Prepares the Home for Sale
Once authority is granted and title is clear, the executor or administrator can take practical steps to prepare the home:
- Secure and insure the property
- Remove personal belongings
- Handle maintenance or repairs
- Hire a real estate agent
- Obtain a market valuation or appraisal
7. The Home Can Be Listed Only After Legal Authority Is Confirmed
Once probate is opened, authority to sell is granted, heirs are identified, and title is clear, the home can be listed. Buyers and agents will request copies of the Letters Testamentary or Letters of Administration as proof that the seller has legal authority.
Get Help Selling Inherited Real Estate in Georgia
Knowing how to properly sell an inherited home or land is critical to protecting your rights and selling it properly. We help you get it done right.
Our team at DeLorme, Hamilton, Raulston, PLLC can help with your legal needs. Contact us today for a consultation.