Shawn Breyer
Losing someone you care about is hard.
But if they were a real estate investor, you’re now also responsible for sorting out a complex web of properties, loans, businesses, and tenants.
It can feel overwhelming, but you’re not alone.
This guide will walk you through how to probate a real estate investor’s estate in Georgia step by step.
You don’t need to be a lawyer to follow this.
Just take it one step at a time.
Avoid the delays, expenses, and public exposure of probate.
Schedule your free, no-pressure Estate Planning Roadmap Call today.
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Probate is the court process used to transfer someone’s assets after they die.
If the person didn’t have all their properties and accounts in a trust, those assets usually have to go through probate, even if there’s a will.
If there’s no will, Georgia’s intestacy laws decide who inherits what.
Either way, probate is how the court makes everything official.
Executor: The person in charge of the estate.
Administrator: Same role as an executor, but used when there’s no will.
Real estate investors usually don’t just leave behind a house and a checking account.
You may be dealing with:
Every one of these can delay probate and raise legal questions.
This guide breaks down how to handle each type.
You can’t touch anything—not bank accounts, not rental checks, not the house—until the court officially puts you in charge.
What to do:
Tip: Make 10+ copies of your Letters. You’ll need them for banks, tenants, title companies, and more.
You can’t mix the estate’s money with your own.
And you’ll need to track every dollar that comes in and goes out.
What to do:
Tip: Deposit any rental income, sale proceeds, or refunds into this account only. Pay bills from here, too.
You need to know what’s in the estate to manage it, and the court requires a full inventory.
What to look for:
Tip: Use the county tax assessor website to confirm which properties were in the person’s name.
Red flag: If a property is in an LLC but the LLC ownership was in the person’s name, it still has to go through probate.
You’re responsible for preserving the estate’s value while probate is ongoing.
What to do:
Tip: Send a letter to tenants letting them know about the death, that rent must continue, and who to contact.
What if the flip is mid-renovation? You may need to petition the court to get permission to finish construction or sell the property “as-is.”
Even as executor, you may not have full authority to run the real estate business like the deceased did.
Common limitations:
Tip: If you need more authority, file a petition asking the court for “expanded powers” to operate the real estate business.
Eventually, you’ll either need to transfer properties to heirs or sell them to settle debts and close the estate.
If you’re selling:
If you’re transferring:
Tip: Always consult with a CPA before transferring or selling to avoid tax issues.
You must show the court you handled everything correctly before you’re released from liability.
What to do:
Once approved, you’re done.
You’re legally and financially responsible for mistakes.
How to protect yourself:
Tip: If the estate is large or complex, consider hiring a probate lawyer for a limited role—just to help with the toughest parts.
Here are sticky situations we help clients navigate through.
Only what’s in the will and court orders matters legally. Verbal promises don’t hold up.
Tip: Document everything. If someone challenges you later, your records will protect you.
Need help with a complex estate in Georgia?
Our law firm helps executors like you navigate probate for rental properties, flips, loans, and LLCs.
Book a free consultation below to get answers and support tailored to your case.
Avoid the delays, expenses, and public exposure of probate.
Schedule your free, no-pressure Estate Planning Roadmap Call today.
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Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.
