Short answer: Yes. But the personal representative (executor/administrator) has to follow Georgia probate rules, and in some cases get the probate court’s permission before the sale closes. Fulton County Government
Step 1: Confirm who has authority to sell
- The court appoints a personal representative (executor if there’s a will; administrator if there isn’t). They act for the estate. Fulton County Government
- If the will includes an express “power of sale,” the executor can typically sell without getting a separate court order for the sale. Justia
- If there’s no power of sale (common with intestate estates), the personal representative usually must ask the probate court for leave to sell the real estate. (Georgia’s standard form is GPCSF 13.) Fulton County Government+1
Step 2: If needed, petition the court for leave to sell (GPCSF 13)
- The petition outlines what’s being sold, why (pay debts, distribution, etc.), and the terms (date, method—private sale vs. auction—minimum price, purchase contract attached). Fulton County Government
- The court issues an Order for Service of Notice. Heirs/beneficiaries are served and get time to object; unknown addresses require publication once a week for four weeks. Fulton County Government
- If no objections are filed, the court may authorize the sale on the terms in the petition and later require a report of sale after closing. Fulton County Government
Step 3: Price and paperwork (no “90% rule” in GA)
- Georgia law does not impose a fixed “must sell at 90% of appraisal” rule (that’s from other states). Instead, the petition commonly includes an appraisal or tax value; if your contract price is lower, you explain why (condition, market data, carrying costs, etc.). This is supported by the GPCSF 13 instructions that ask for an appraisal/tax value and an explanation when price < value—there’s no mandated percentage threshold. Fulton County Government
- Tip: get a recent CMA or appraisal to show you’re meeting your fiduciary duty to get a fair result for the estate. Fulton County Government
Step 4: Market, accept an offer, and close
- List and negotiate like a normal sale (disclose it’s an estate sale).
- If you already have power of sale, proceed to closing per the contract. If not, submit the executed contract with your GPCSF 13 and close after the court’s sale order is entered. Fulton County Government+1
- After closing, the personal representative usually files the report of sale with the probate court. Fulton County Government
Common questions (GA-focused)
Do we always need a court hearing or “overbidding” in the courtroom?
No. Georgia doesn’t use a universal courtroom-overbid system like some states. If the will grants power of sale, there’s often no additional court order for the sale. Without that power, you ask the court for leave to sell via GPCSF 13, and the judge authorizes the sale on your stated terms (no statutory overbid step). Justia+1
What if the estate has a temporary administrator?
A temporary administrator can ask the court for permission to sell for good cause using the same article’s procedures. Justia
Any special deed language?
Personal representatives generally don’t bind themselves personally by warranties in estate conveyances (title companies often want PR-deed language consistent with this). Justia
Local help in Georgia
We handle estate/property sales across Middle Georgia and can coordinate with your probate attorney so you can sell smoothly and on-time. Call 478-216-1795 or fill out our form to get a fair, no-obligation offer and timeline options today.