Losing a loved one is hard enough without paperwork and court steps. If a home is part of the estate, you can sell it—but you’ll need to follow the probate court’s rules and your fiduciary duties to heirs/beneficiaries. This guide breaks the process down into clear steps and highlights where local rules may change the details.
This article is general information, not legal advice. Always follow your attorney’s guidance and your local probate court’s requirements.
First Things First: Who Has Authority to Sell?
Personal Representative (PR). The court appoints an executor (if there’s a will) or an administrator (if there isn’t). The PR receives Letters (of Testamentary or Administration) that define what they can do.
Two common paths:
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Path A: Will with “Power of Sale.”
If the will expressly grants power of sale, the PR can typically list and sell without a separate court order (still following probate reporting rules). -
Path B: No Power of Sale / Intestate.
The PR usually petitions the court for permission to sell. The court may require notice to heirs/beneficiaries and can set terms (private sale vs. auction, minimum price, timelines). In some counties, the court may hold a confirmation hearing or allow overbids—this varies by jurisdiction.
Step-by-Step: How to Sell a Probate Property in Georgia
1) Confirm Your Authority (and Limits)
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Obtain your Letters from the court.
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Ask your attorney: Do I already have authority to sell, or do we need a petition/order?
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Keep a clean paper trail—PRs have fiduciary duties to act in the estate’s best interest.
2) Establish Value (Appraisal or CMA)
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Order a licensed appraisal or a broker’s comparative market analysis (CMA).
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Value supports your pricing strategy and shows you’re meeting your duty to obtain a fair result for the estate.
3) Choose Your Sale Method
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Traditional listing (widest exposure, potentially top price).
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Direct, as-is sale to a qualified buyer (fast, simpler logistics if the home needs work or timelines are tight).
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Coordinate any estate sale of personal property before photos/showings and keep receipts for the file.
4) If Court Approval Is Required
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Your attorney files a petition/motion to sell stating price, terms, how proceeds will be used, and any liens.
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Notice goes to interested parties; some courts require publication.
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A hearing/confirmation may be set. In certain jurisdictions, the court can allow overbids at or before the hearing; deposit and bidding rules vary locally.
Contract tip: Use “Subject to probate court approval” and allow extra time for notice/approval. Ask your attorney for standard language in your county.
5) List, Market, and Negotiate (with proper disclosures)
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Disclose it’s an estate/probate sale and that the PR is signing in a representative capacity.
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Most probate sales are as-is with limited representations; buyers can still inspect.
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Keep communication clear with heirs—set expectations around personal-property removals and access.
6) Open Escrow and Clear Title
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Title/attorney orders payoffs and checks for liens (taxes, HOA, judgments).
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Provide estate docs (Letters, death certificate, court order if required).
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If a court order sets terms, escrow follows it to the letter.
7) Closing & Distribution
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At closing, liens, taxes, and costs are paid; net proceeds go to the estate account.
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The PR may need to file a report of sale or include the sale in the final accounting before distribution to beneficiaries.
FAQs
Do I have to sell for at least 90% of appraisal?
Not universally. Some states/courts used to have percentage rules; many now rely on current market evidence and fiduciary duty. Follow your attorney’s/local court’s guidance.
Will there be a courtroom overbid?
Only if your jurisdiction (or the judge’s order) requires it. Many probate sales are confirmed without live overbidding.
Can I accept an “as-is” offer?
Often yes. “As-is” is common for estate sales; buyers still may inspect, and safety/code items sometimes come up in negotiations.
What about multiple heirs who disagree?
Your attorney will advise on notices/objections. Clear, documented pricing and a fair, transparent process usually help.
Personal-Rep Checklist
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✅ Letters (authority to act)
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✅ Appraisal or CMA (pricing support)
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✅ Estate inventory & plan for personal property
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✅ Contract with court-approval contingency (if required)
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✅ Title/lien check, HOA/tax status
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✅ Court petition/order if needed; calendar any hearing dates
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✅ Estate bank account ready to receive proceeds
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✅ Keep every receipt and communication for the final accounting
Another Option: A Direct, As-Is Sale in Georgia
When timelines are tight—or the home needs substantial repairs—a direct sale can simplify everything:
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As-is (no repairs, clean-outs optional)
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Fast, certain closing (days or weeks)
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Clear pricing tied to recent sales, with no commissions and many standard closing costs covered
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Court-friendly contracts with “subject to probate approval” language and cooperation with your attorney/title company
How Middle Georgia Cash Homes can help
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Walk the home (or virtual tour) and review recent sales.
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Present a written cash offer with net numbers—no obligation.
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If needed, we coordinate with your probate attorney to obtain the sale order.
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Close on your timeline and deposit proceeds to the estate account—clean, documented, court-ready.
Call Middle Georgia Cash Homes at 478-216-1795 or send a message for a no-pressure plan tailored to your probate timeline.