Losing a loved one is hard—and the paperwork that follows can feel endless. If a house is part of the estate, the good news is you can sell it; you’ll just need to follow the probate court’s rules and your fiduciary duties to heirs/beneficiaries. This guide walks you through the process in plain English.
This article is general information, not legal advice. Always follow the guidance of your probate attorney and local court.
What Is Probate (and who can sell)?
Probate is the court-supervised process of paying a decedent’s debts and transferring assets to heirs/beneficiaries. The court appoints a Personal Representative (PR)—called an executor (with a will) or an administrator (without a will). The PR receives Letters (of Testamentary/Administration) that define what they’re allowed to do.
Two common sale paths:
- Will with “power of sale”: The PR can typically list and sell without a separate court order (still report to the court as required).
- No power of sale / intestate: The PR usually needs court permission to sell, by filing a petition/motion that outlines price, terms, and how proceeds will be used.
Step-by-Step: How to Sell a Probate Property in Georgia
1) Confirm Your Authority
- Get your Letters from the court and keep them handy for title/escrow.
- Ask your attorney: Do I already have authority to sell, or do we need an order first?
2) Secure & Inventory the Property
- Change/collect keys and keep insurance active.
- Turn on basic utilities for showings and inspections.
- Inventory personal property; set aside important documents, valuables, and keepsakes.
3) Establish Value (Appraisal or CMA)
- Order a licensed appraisal or a broker CMA.
- This supports pricing and shows you’re meeting your duty to obtain a fair result for the estate.
4) Choose Your Sale Path
- Traditional listing: widest exposure and potential top price; more prep and time.
- Direct, as-is sale: faster/cleaner if the home needs work or timelines are tight; fewer contingencies and no showings.
Contract tip: If court approval is required in your case, include “Sale is contingent on probate court approval” and allow extra time for the court’s notice/approval.
5) If Court Approval Is Required
- Your attorney files a petition/motion to sell (price, buyer, terms, proposed net sheet, and lien info).
- Notice goes to interested parties; some courts require publication.
- A hearing/confirmation may be set. In some jurisdictions, the court allows overbids or sets deposit rules—your attorney will advise.
6) Market, Negotiate, and Open Escrow
- Disclose it’s a probate/estate sale; the PR signs in a representative capacity.
- “As-is” is common, but buyers can still inspect.
- Title/escrow (or closing attorney) orders payoffs, checks liens/HOA/taxes, and follows any court order to the letter.
7) Close & Distribute
- At closing, liens, taxes, and costs are paid; net proceeds go to the estate account.
- File any required report of sale and include the transaction in the final accounting before distributions to heirs.
Make Sure Everyone’s On Board (and Documented)
- The PR can sell, but aligned expectations with heirs reduce objections.
- Keep a simple paper trail: valuation, offers, counters, inspection decisions, and final net sheet.
Common Pitfalls (and easy fixes)
- Skipping authority checks: Confirm whether a court order is needed before you list or accept offers.
- Unrealistic timelines: Court calendars and notice periods add time; build that into your dates.
- Partial paperwork: Missing pages delay approvals—submit complete packages.
- Letting insurance lapse: Keep coverage until after closing and possession transfer.
Personal-Rep Checklist
- ✅ Letters (authority) + attorney’s contact
- ✅ Appraisal/CMA + photo set
- ✅ Plan for personal-property removal/estate sale
- ✅ Contract with probate-approval contingency (if required)
- ✅ Title report, lien/HOA/tax status
- ✅ Court petition/order (if required) + hearing date
- ✅ Estate bank account for proceeds
- ✅ Receipts and communication log for the court accounting
Want a Simpler Route? Consider a Direct, As-Is Sale in Georgia
When you need speed or the property needs work, a direct sale can remove the friction:
- As-is (no repairs, cleaning, or showings)
- Fast, certain closing (days or weeks)
- Clear, written net numbers up front
- Court-friendly contracts with “subject to probate approval” language
- Coordination with your probate attorney and title/escrow
How Middle Georgia Cash Homes helps
- Quick walkthrough (or virtual) and pricing tied to local sales.
- A written cash offer with your net—no obligation.
- If needed, we help your attorney prepare the sale motion.
- Close on your timeline; proceeds land in the estate account—clean and court-ready.
Have questions? Call Middle Georgia Cash Homes at 478-216-1795 or send a message—no pressure, just options.