Seller guide · Georgia
How to sell an inherited house in Georgia
To sell an inherited house in Georgia, the county Probate Court must first appoint a personal representative: an executor (with Letters Testamentary) if there is a will, or an administrator (with Letters of Administration) if there isn't. If the will gives the executor a power of sale, they can sell without further court approval. If not, they must petition the Probate Court for permission to sell. The sale then closes through a Georgia real estate attorney, and the proceeds go into the estate before heirs are paid.
Updated November 2026 · Cash My House 24/7, Atlanta cash home buyers · General information, not legal or tax advice.
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Step 1: Get appointed by the Probate Court
Nobody, including a named executor or the only child, can sell the house until the Probate Court appoints them. The executor files a petition to probate the will and receives Letters Testamentary. If there is no will, an heir or other qualified person petitions to be administrator and receives Letters of Administration. Appointment commonly takes a few weeks to a couple of months, depending on the county and whether anyone objects.
Step 2: Check the will for a power of sale
Many Georgia wills give the executor the power to sell property without asking the court. If yours does, the executor can accept an offer and close like any other seller once appointed. If the will doesn't include it, or there's no will, the representative must petition the Probate Court for permission to sell, notify the heirs, and sometimes attend a hearing. That step often adds one to three months.
Step 3: Decide how to sell
You can list the house with an agent or sell it as-is to a cash buyer. Listing can bring a higher price if the house is in good shape and the estate can carry it for a few months. Inherited houses are often older, full of belongings, or in need of repairs. Families who live out of state, or who disagree about spending money on the house, often choose a cash sale so the estate isn't paying taxes, insurance and utilities while it waits.
Step 4: Close with a Georgia real estate attorney
The closing attorney checks title, collects the representative's Letters, pays off any mortgage, liens and back taxes from the sale proceeds, and records the deed. The net proceeds go into the estate account, and the representative pays estate debts before distributing what's left to heirs.
Common questions families run into
- Do all the heirs have to agree? The representative signs, but heirs must be notified when court permission is required and can object.
- What about the stuff inside? If you sell to us, take what you want and leave the rest. We clear it out after closing.
- The house has a reverse mortgage or is behind on payments. Call early. Lenders set deadlines after a death, and a quick sale can protect the estate's equity.
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Common questions
Can you sell a house before probate is finished in Georgia?
You can sell once the Probate Court has appointed the executor or administrator. You don't have to wait for the whole estate to close. You do need either a power of sale in the will or a court order allowing the sale.
How long does it take to sell an inherited house in Georgia?
It depends mostly on probate. Appointment can take a few weeks to a couple of months, and a court order to sell, if needed, can add one to three more. Once the representative can sign, a cash sale can close in one to two weeks.
Do I pay taxes when I sell an inherited house?
Inherited property generally gets a stepped-up tax basis to its value at the date of death, which often reduces capital gains if you sell soon after. Ask a tax professional about your situation.