How to Sell an Inherited House in Georgia

My name is Brad, and I’m with ProbateResource.com. I’m an active real estate investor with nearly 10 years of experience, specifically focusing on properties in the probate inherited niche. A few years ago, I created ProbateResource.com to assist individuals navigating the probate process. Our headquarters is located in Georgia, where I also reside.

Right of Survivorship
Validity of the Will
Intestate
Steps In Selling Property in an Intestate Estate
Legal Aspects
Selling the Property Through An Agent
Selling the Property Through An Investor

Today, I want to discuss selling inherited houses in the state of Georgia and what you need to know about that. I’d like to clarify that I am not an attorney, so please do not consider my comments as legal advice. I strongly recommend consulting with a probate attorney or a real estate attorney for any legal questions. If you need a referral to a reputable attorney, we have established relationships with several great attorneys across Georgia, and I would be delighted to connect you with one of them. Now, let’s get started!

Let’s discuss selling an inherited house in Georgia. If you’ve inherited a house, there are several important factors to consider. First, we need to address some legal aspects, followed by practical considerations for selling the property.

Who Owns The House?

The first step is to determine who held title to the property. For example, if this house belonged to your father or your mother and father together, you will need to clarify how they held title. Was it in one person’s name, or did multiple individuals own the property? This information is crucial because it affects the next steps. For instance, if they held the title as “tenants in common“—a situation not explicitly stated on the deed—one person’s passing means the surviving owner retains only a 50% ownership stake in the property. If there were two owners, such as a mother and father, understanding their ownership structure is essential for the process ahead.

Right Of Survivorship

If two people hold title to a property as joint tenants with the right of survivorship, the surviving tenant will inherit the entire property upon the death of the other.

For example, if a property is jointly owned by a mother and father, and the father passes away, the mother will receive 100% ownership of the property, provided the deed explicitly states that they are joint tenants with rights of survivorship. This phrase will be clearly indicated on the deed. As a result, the mother can sell the property without having to go through the probate process. However, if the deed does not explicitly mention joint tenants with rights of survivorship, it is likely that the property is held as tenants in common. In this case, the mother would own 50% of the property, and the father’s estate would own the remaining 50%. To sell the property, the father’s estate would need to go through probate. If the property is held in a trust, it may be possible to avoid probate altogether. In this situation, the trustee of the trust or the beneficiaries can sign the necessary documents, and there might be a backup trustee appointed as well.

In my experience over the past ten years, I have only purchased two properties from a trust. Therefore, if you are considering estate planning, I highly recommend speaking with an estate planning attorney about setting up a trust, properly titling your properties within that trust, and ensuring everything is done correctly to avoid probate.

Validity of the Will

We discussed the title holders, and whether there is one or two, the estate will need to go through probate. If you are the executor, administrator, or the person responsible for managing the estate, you must obtain legal authority from the probate courts in Georgia to sell any real property that belonged to the estate. This process is necessary for you to act legally. If there is a will, it will need to be probated.

During the probate process, the court will determine the validity of the will. It’s worth noting that sometimes wills may not be deemed valid. I have additional videos explaining concepts such as a holographic will, which is essentially a handwritten will.

For a will to be considered valid, it must meet certain requirements. Once the probate court validates the will, you, as the named executor, will generally be granted the authority to sell the real estate. The will will also specify whether you need to conduct an inventory of assets or provide notice to interested parties; it will detail all of these responsibilities. Once validated, the estate will be distributed according to the instructions outlined in the will. However, keep in mind that someone can contest the will, which can lead to a complicated and contentious situation. While I hope you won’t have to deal with a will contest, that’s not the focus of our discussion today.

If the will is determined to be valid, the estate will be distributed according to its terms. This means that each beneficiary will receive whatever the will specifies. The executor, who is responsible for managing the estate, will handle the sale of any property and will sign on behalf of the estate on the deed to facilitate that sale. In cases where there is no will, this situation is referred to as “intestate,” which is applicable in Georgia and many other states. This means there is no will in place, and the distribution of the estate follows Georgia’s laws on intestate succession. While I won’t delve into all the details, I will mention that the first degree of intestate succession includes the surviving spouse and children, who are prioritized in the distribution plan.

I won’t delve into that any further. You can look up the Georgia laws regarding intestate succession, which serve as the default rules that must be followed for an estate.

Intestate

In an intestate situation, an administrator will be appointed to represent the estate. This administrator functions similarly to an executor, who is named in a will. However, when there’s no will, an administrator is appointed, and someone may volunteer for this role. In some cases, families may be in conflict and unable to agree, which may lead the court to appoint an administrator. It’s best to avoid this if possible. If disagreements arise, you should strive to reach some sort of consensus. Unfortunately, if there’s no resolution, the court may need to intervene, which can be costly, time-consuming, and painful for everyone involved. Working through your differences to develop a plan for the estate is, in my opinion, the most favorable solution. I’ve seen families waste tens of thousands of dollars fighting over trivial matters in court.

Steps In Selling Property in an Intestate Estate

With the “letters of administration,” you can proceed with the sale. In many cases, you can complete the sale and transfer ownership quickly. For example, you can go to a closing attorney’s office and complete the transaction.

No Will? Get an Administrator

If there’s no will, someone needs to be in charge of the estate. This person is called the “administrator.”

Go to Court: Start Probate

The administrator must go to court and begin the “probate” process. This is the legal process of settling the deceased person’s estate. Specifically you file a “petition” to become the administrator.

Tell Everyone: Notify the Heirs

The court will send official notices to all the people who are legally entitled to inherit from the deceased (the “heirs”). This is a required step.

Get the Official Papers: Letters of Administration

If the court approves, they’ll give the administrator “letters of administration.” This is the official document that gives the administrator the legal power to manage the estate. (If there was a will, and you were named executor, you would recieve “letters testamentary”)

Now You Can Sell! (With the Letters)

Important: You can’t sell any property until you have those “letters of administration” in hand. Once you have them, you have the legal authority to sell the estate’s real estate.

Closing Time: Transfer Ownership

Legal Aspects

Let’s discuss the legal aspects. We often begin this process with clients even before it’s necessary to take action. We can execute a contract that serves as a goodwill handshake agreement, which states that the seller will sell the property to us once they receive their letters of administration. We’ve encountered many instances where the seller or the representative of the estate receives their letters in the morning, and by that afternoon, they are in the attorney’s office signing the papers and transferring the property. We initiate the process ahead of time by completing the title search and preparing everything needed, so the closing can occur very quickly. However, I want to emphasize this point again: you cannot close the sale of any real property or any significant assets of the estate until you have the letters of administration or letters testamentary.

In the state of Georgia, it is mandatory to have these documents. We do not have affidavits of heirship or small estate affidavits in Georgia. I wish we did, but unfortunately, we do not. There are some limited exceptions to probate if a certain amount of time has passed since the individual’s passing, which could allow for alternate solutions. However, these circumstances are very restricted, and I won’t delve into them in this video. I do have other videos on my channel that cover this topic.

Selling The Property

If you’re selling a property and have gathered your letters, the next step is to figure out how to sell it effectively. The approach you take will depend on a few factors, including how much your time is worth and the preferences of your family. While everyone aims for the highest price, many families who have inherited property see it as a burden because they lead busy lives. Often, they prefer a quick and easy sale, even if it means accepting a somewhat lower price than they might get by listing it on the market.

Through A Real Estate Agent

As a real estate agent licensed in Georgia, I work with One Source in Woodstock and am also an active investor. From my experience, the best way to maximize the sale price of your property is to give it some improvements before selling. The market has changed significantly over the years. Buyers in 2025 expect a turnkey product and are not willing to take on extensive renovation projects like they may have in the past. To attract buyers, you should prepare the house by cleaning it, decluttering, and making sure it’s empty and presentable. These steps will help make your property more appealing when it comes time to sell.

To sell your property, you should list it on the market with a qualified real estate agent. Make sure it’s not just any agent—avoid choosing someone who just got their license or is inexperienced, like your cousin Steve’s sister’s former roommate. It’s important to find a professional who knows what they’re doing. As a real estate agent myself, I’d be happy to discuss listing your property if you’re interested. Additionally, I have connections to many reputable real estate agents all over Georgia whom I can refer to you.

Working with a knowledgeable agent is the best way to maximize your property’s value. However, before listing, you’ll need to prepare the property for sale. This may require spending money on repairs, painting, and new carpeting, among other things. Many families find this process overwhelming and may choose to sell the house “as is.”

Through an Investor

As an investor, we often buy properties in their current condition. In fact, about 90% of the probate deals we handle involve purchasing homes that still contain personal belongings. Frequently, families remove only the items they wish to keep and leave the rest behind, seeing it as too burdensome to deal with cleaning out the house, renting dumpsters, or arranging charity pickups for clothing. They simply want to avoid the hassle.

They sell the property to us as-is, and we frequently purchase houses in that condition. They typically do not want to make any repairs. We provide a fair cash offer right from the start, making the process straightforward. We can close in as little as two weeks. However, as I mentioned earlier, we cannot finalize the sale until you obtain your probate letters, so it’s essential to ensure you have those in hand.

If you haven’t filed for probate yet, we can connect you with an attorney who can help. While you have the option to handle it yourself, we recommend using an attorney, and I can refer you to some excellent ones. You also have the option to manage the process on your own.

Additionally, there are ways to offset the costs associated with probate. We have previously covered the probate costs upfront, under the agreement that the seller would sell us the property once the process was complete. We’ve done this many times, and I’m open to discussing that option with you.

Now, regarding the sale process: if you’re looking to get the highest price for your property, listing it on the market is the best approach. However, if your priority is a quick and easy sale, working with an investor is the way to go.

That being said, I need to make a profit from the deal. I’m not running a charity; I need to maintain my business and pay my employees. Therefore, my offer will likely be less than what you would receive from listing the home. Nevertheless, I focus on speed and convenience, making the selling process quick and easy. If you’re interested in discussing this option further, I’d be happy to talk with you.

To get started, you can visit probateresource.com or check out my local Georgia company, Arbor View Properties, at ArborViewHomeBuyers.com. You’ll find a link to our website in the description below. Once you’re there, fill out the form with your information, and someone from our team will reach out to you as soon as possible. We may have a few additional questions to better understand your situation before we schedule a time to visit your property and make you an offer.

Please note that we do not make offers over the phone. While there are some investors who might provide an offer without seeing your property, I can assure you that, in most cases, such offers are not genuine. If a buyer hasn’t seen your house in person, they cannot give you an accurate offer. They may overlook important details, and I can almost guarantee that they’ll come back later with a lower offer due to these oversights or undisclosed issues.

If you receive an offer over the phone that seems dubious, don’t consider it a legitimate offer. Similarly, if you go online to platforms like Offerpad or Opendoor and receive an initial internet offer, keep in mind that this figure is often not the final amount you’ll receive for your property. They will send someone to inspect the property, and based on the inspection, they may reduce the offer. Many investors in the market make what I refer to as “bait and switch” offers. Their goal is to get you under contract over the phone as quickly as possible. For some reason, investors tend to boast about the number of properties they have under contract, but they seldom mention how many properties they have actually closed.

I know many people who run large businesses and often put numerous properties under contract, but they tend to cancel a significant portion of those contracts—sometimes as high as 30%, 40%, or even 50%. This means they don’t actually follow through with the purchase.

As a seller, this can be frustrating because it wastes your time. They lock you into a contract for 2, 3, or 4 weeks, only to back out later. Consequently, you have to start over, seek another backup offer, and go through the entire process again.

Let’s Connect

At Probate Resource and Arbor View Properties, we provide you with a solid offer upfront that we guarantee to honor. I don’t engage in those games. While my offer may not be the highest you receive, I assure you it’s a legitimate offer that I intend to follow through with. We do include a due diligence period in our contracts, which is typically around five to seven days. Some others may request due diligence periods of 2, 3, 4, or even 5 weeks, but I prefer to keep it shorter just to double-check everything and ensure that everything is in order.

I’ve been in this business for 10 years and have purchased hundreds of houses. I can count on one hand the number of times I’ve had to renegotiate a price on a property after putting it under contract. That’s just a handful in all those deals. I strive to keep my promises, so if I give you a number, that’s the price at which I’m committed to buying your property.

Anyway, if you’re interested, please visit our website by clicking the link below. I appreciate you taking the time to watch this video. I know it was a bit lengthy, and this can be a complex topic. Thank you again for your attention. I’m Brad with ProBateResource.com, and I hope you have a great day!