If A House Is In Probate Can It Be Sold In Georgia? (6 Key Steps Explained)

Shawn Breyer
July 17, 2025

Probate can feel overwhelming, especially when real estate is involved.

If a house is in probate, can it be sold?

In Georgia, the short answer is yes.

However, the process involves specific steps, timelines, and responsibilities.

This guide breaks it all down into manageable pieces so you understand what needs to be done and when.

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What Is Probate and Why Does It Matter?

Probate is the legal process of settling an estate after someone passes away.

This involves validating the will (if there is one), paying off debts, and distributing the remaining assets to heirs.

In Georgia, probate ensures that all legal requirements are met before property is transferred or sold.

Key Takeaways About Probate

Executor’s Role: The executor, named in the will, oversees the probate process. If no will exists, the court appoints an administrator.
Court Supervision: The probate court monitors the process to protect creditors and beneficiaries.
Timelines: Probate can take several months to over a year, depending on the estate’s complexity.

Can a House Be Sold During Probate?

Yes, a house in probate can be sold in Georgia, but there are conditions and steps to follow.

The executor or administrator must ensure that the sale complies with Georgia probate laws.

When Can the House Be Sold?

With a Will: If the will specifically grants the executor the power to sell property, the process is more straightforward.
Without a Will or Specific Authority: Court approval is usually required before selling the house.

Steps to Sell a House in Probate

Here are the steps to sell a house during probate in Georgia.

Step 1: Open the Estate

The first step is to officially open the probate case with the court.

File the will (if available) and a petition to probate the estate.
If there’s no will, file for administration of the estate.
The court will issue letters testamentary (for executors) or letters of administration (for administrators), granting legal authority to act on behalf of the estate.

Step 2: Determine Ownership and Debt Status

Before selling the house, you need a clear picture of ownership and financial obligations.

Ownership: Verify that the house is part of the estate and not held in joint tenancy or a trust.
Debts: Identify any outstanding mortgages, liens, or other debts tied to the property. These must be addressed before the sale.

Step 3: Get the Court’s Approval (If Required)

If the executor’s authority to sell the property isn’t clearly stated in the will, you’ll need court approval.

File a petition requesting permission to sell the house.
Notify all interested parties, including heirs and creditors.
Attend a court hearing if required.

Step 4: Appraise the Property

An appraisal establishes the property’s fair market value.

This step is essential for:

Setting a reasonable asking price.
Ensuring the sale benefits the estate and heirs.
Avoiding disputes over the sale price.

Step 5: List and Sell the Property

Work with a real estate agent experienced in probate sales.

Marketing: Highlight the property’s features to attract buyers.
Disclosure: Inform potential buyers that the sale is part of a probate process, which may include court approval and additional steps.

Step 6: Manage the Proceeds

Once the house is sold, the executor must:

Pay off any remaining debts tied to the property.
Deposit the net proceeds into the estate’s account.
Distribute funds to heirs as outlined in the will or according to Georgia intestacy laws (if there is no will).

Challenges You Might Face Selling A Probate Property

Selling a house in probate can come with hurdles.

Here’s how to handle common challenges:

Delays in Court Approval

Court schedules and paperwork processing can cause delays.

Tip: Submit all required documents promptly and follow up with the court regularly.

Disputes Among Heirs

Heirs may disagree on whether to sell the property or how to divide the proceeds.

Tip: Communicate clearly and document all decisions to avoid misunderstandings.

Property Condition Issues

Probate properties are often older and may require repairs to sell.

Tip: Work with the estate’s attorney to determine if repairs can be made using estate funds.

Tips for a Smooth Probate Sale

Keep Records: Maintain detailed records of all financial transactions, including sale proceeds and distributions.
Check for Will Provisions: Look for language waiving the need for an inventory or other court filings to simplify the process.
Hire Professionals: Work with an experienced probate attorney and a knowledgeable real estate agent to navigate complexities.

How Long Does Selling A House In Probate Take?

The timeline for selling a house in probate depends on several factors:

Court Approval: This can take weeks or months, depending on the court’s schedule.
Market Conditions: The time it takes to find a buyer varies based on the property’s condition and local market trends.
Closing Process: Once a buyer is found, closing typically takes 30-60 days.

Get Help From A Probate Lawyer

Are you overwhelmed by the probate process in Georgia?

Our Georgia probate attorneys handle everything for you.

We specialize in taking as much as possible off your plate so that you are not:

personally financially liable
accidentally breaking the law
filling out the paperwork wrong
not notifying or paying off creditors
dealing with disputes among family and partners

Fill out the form to take this off your plate.

Ready to Secure Your Family’s Future?

Avoid the delays, expenses, and public exposure of probate.

Schedule your free, no-pressure Estate Planning Roadmap Call today.

Schedule Your Free Strategy Call

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What Areas We Serve For Probate

Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.