The loss of someone near and dear to your heart is never easy. Going through their personal belongings and dealing with their property afterwards can feel pretty overwhelming.
If you’ve inherited a house in Georgia that’s tied up in probate, you’re probably wondering what you should do next. The good news is that it doesn’t have to be difficult or stressful to sell a house in probate. All you need are helpful directions to get through this process and to get the financial support you need during a tough time.
Below, we’re going to cover everything you need to know about selling a home in the probate system in Georgia, from understanding the basics to closing the deal.
What Is Probate and How Does It Affect Property Sales?
Let’s start with what probate is exactly. Here is the simplest way to explain it – probate is the legal process that happens after someone passes away, that makes sure that the person’s debts are paid and their assets are given to those mentioned in the will or by following state law. If your loved one owned a house when they passed away, that property becomes part of the probate estate.
A commonly asked question is, “Can you sell a house in probate?” The answer is yes, but there are specific steps you’ll need to take beforehand. The process might seem challenging at first, but understanding your options can help you make the best decision for your situation.
Understanding Georgia’s Probate Laws for Real Estate
Each state, including Georgia, has its own rules when it comes to probate and selling a house. Just so you can be aware, the state allows for different types of probate proceedings. Each different type of probate can affect how quickly you can sell your property.
In Georgia, probate cases usually fall into one of three categories:
- Solemn form probate (formal court supervision)
- Common form probate (less court involvement)
- Small estate affidavit (for smaller estates)
The executor or administrator of the estate is the person with the authority to sell real estate, but they must have court approval first, depending on the circumstances. This is where things can get a bit tricky, especially if you’re not entirely sure about the legal process.
Can You Sell a House During Probate?
Is selling a house during probate even possible? Yes, it is possible, but the process will require close attention to details and legal requirements. The estate’s representative (executor or administrator) will need to get involved and follow certain steps to verify the sale is valid. Their job is also to protect the interests of all the beneficiaries.
The best thing you can do is get legal advice to help walk you through the process. This will help you to avoid costly mistakes that could delay everything or cause legal problems down the road.
Step-by-Step Guide to Selling Your Probate Property
Step 1: Get Appointed as Personal Representative
To sell the house, someone must be officially appointed by the court to be in charge of the estate. This person is referred to as the personal representative, executor, or administrator. If you are named in the will, the court will typically approve and name you the personal representative. But if there isn’t a will, the court will appoint someone according to Georgia law.
Step 2: Obtain a Property Appraisal
While you’re going through the probate process, you may need to find out who owns the house, especially if there are questions about the property’s title or ownership history. This is another example where working with experienced professionals becomes valuable. They would be able to help you with these questions and research requirements.
After you’ve been appointed, you can act on behalf of the estate, and you’ll need to work on figuring out the property’s fair market value. This step is really important because Georgia law requires an accurate appraisal to protect the estate and its beneficiaries and will establish the baseline for any sale.
Step 3: Notify All Interested Parties
If the plan is to sell the property, then all beneficiaries and creditors must be notified of your intention to sell. This is required by Georgia law. So what does that look like? Typically, this involves publishing a notice in the local newspaper and sending direct notice to known parties. This step in the process ensures transparency and gives everyone involved a chance to object if there are any concerns about the home sale.
Step 4: Decide on Your Selling Method
This step has several options to choose from. Just remember, some choices can impact your timeline and stress level, so choose wisely.
- Traditional Real Estate Agent Route: You can list the home with a real estate agent, but this often means months of showings, repairs, staging, and uncertainty. Plus, don’t forget, you’ll pay commission fees that reduce the estate’s value. Commissions cost on average 5.65% in Georgia.
- For Sale by Owner: Similar to listing with a realtor, selling FSBO involves cleaning, repairs, staging, showings, negotiating, and more. This option will save you some on commissions, but if a buyer uses an agent, you would still pay 2.5-3%. This option equires significant time and expertise that most people just don’t have, especially while grieving.
- Cash Sale to Professional Buyers: Selling directly to a cash home buyer is the fastest and least stressful option, especially when dealing with probate timelines and family dynamics. There are no commission fees, and you can sell as-is.
Step 5: Handle Required Paperwork and Court Approval
To complete the sale, sometimes you need court approval depending on your situation. To do this, you’ll need to file the property motions and attend a hearing. The paperwork is pretty detailed, and any mistakes could lengthen the process significantly.
Step 6: Complete the Sale and Distribute Proceeds
If you have all the necessary paperwork approved, you can now complete the sale! The proceeds will then go to the estate, where they can pay off debts, and then be distributed to beneficiaries according to the will or state law.
Common Challenges When Selling a House That Is in Probate
When it comes to selling an inherited property, it does come with some unique challenges that don’t usually happen during typical real estate transactions. Here are some examples of what we’re talking about:
Multiple Decision Makers: You’ve probably heard the saying Too many cooks in the kitchen, Well, that can happen when several family members inherit the property. It can become tricky for everyone to agree on the sale terms and timing, which can lead to the three D’s: disagreements, delays, and drama.
Property Condition Issues: Inherited homes usually are older, need repairs, or haven’t been maintained. Getting the house ready to sell can be time-consuming and expensive. But cleaning, repairs, and staging would all be required to sell the traditional way.
Emotional Attachment: Selling the family home may be hard for certain people; this can also make decision-making difficult.
Time Pressure: Although probate proceedings have deadlines, they also take time. The longer the process takes, the more expensive maintaining an empty property becomes.
Market Uncertainty: The real estate market is consistently changing. Even the months it takes to complete a traditional sale can affect the final sale price.
Can You Sell a House Before Probate?
A question probably on your mind right now is “Can you sell a house before probate?” and the answer all depends on how the property was owned. If the property was jointly owned with someone else (like a spouse) with rights of survivorship, or if the property was held in a trust, it might be possible to sell without going through probate.
But something to know – in most situations where someone owned a house individually, selling a house before probate isn’t possible in Georgia. The property will need to go through the probate process to get a clear title and authority to sell.
Can a House Be Sold While in Probate? Understanding Your Timeline
Is it possible to sell a house while going through probate? You can still sell a home in probate while the case is still open. Oftentimes, it’s better to sell during probate instead of waiting for the process to be completed. This could provide faster access to funds and reduce ongoing property expenses.
Bottom line – probate doesn’t have to be completed before you start the selling process. Many of the steps involved can happen simultaneously, which speeds up the overall timeline.
Why Choose a Cash Sale for Your Probate Property?
When you’re dealing with probate, time is often the biggest factor. A cash sale has so many advantages that make it really attractive for inherited properties. The benefits of a cash offer in GA include faster closing times, no financing issues, and reduced stress during an already stressful time.
- Speed: A cash sale can close in as little as two weeks, compared to months with a traditional sale.
- Certainty: No risk of buyer financing falling through or the deal collapsing at the last minute.
- Simplicity: No need to make repairs, stage, clean, or deal with ongoing showings.
- Reduced Costs: Zero realtor commissions, repair expenses, or carrying costs while waiting for a buyer.
Working with Professional Cash Buyers
Professional cash home buyers understand the unique challenges that come with inherited properties and probate sales. They’re able to work within the legal timelines and requirements while still providing the speed and certainty that executors need right now.
When researching cash buyers, look for companies that:
- Have experience with probate sales
- Can share references from previous clients
- Offer transparent and fair pricing
- Don’t require repairs or renovations
- Handle all needed paperwork
- Can close on your timeline
Sometimes people may be curious about traditional real estate transactions and ask about details like how long is escrow, but with cash sales, you get to skip the escrow period since there’s no financing involved.
Benefits of Selling to Local Columbus, GA Cash Buyers
Working with local cash home buyers has several advantages. They understand Georgia probate law, local market conditions, and can make you a competitive offer based on current area values. They can also provide faster service because they don’t need to travel far to evaluate properties or handle paperwork. This can be helpful when dealing with probate deadlines. Many companies serve multiple areas- for example, we buy houses in Auburn, AL, and throughout the Southeast region, bringing the same professional service to families wherever they are located.
How Fast Can You Sell a House in Probate?
Several factors affect how fast you can sell in probate:
- The type of probate proceeding
- If court approval is required
- Property condition and complexity
- Your chosen selling method
With a cash sale, once you have the authority to sell, the transaction can typically take 2-3 weeks to close. This is significantly faster than a traditional sale, which usually takes 3-6 months under normal circumstances.
Getting Started with Your Probate Property Sale
Learning about your options is the first step in moving forward with selling your inherited property. A professional buyer like us can provide you with a free, no-obligation consultation and offer, and we’d be happy to run through the process with you, so you know what to expect. We purposely designed our home buying process at Assured Property Solutions to be simple and transparent from start to finish.
While selling your property the traditional way does work for some situations, it may not always be the best choice for probate properties, especially when families are looking for something quick and easy.
The good news is that you don’t have to navigate this process by yourself. Our team at Assured Property Solutions can guide you through each step of the process, handle annoying paperwork, and give you the support you need during a difficult time.
Take the Next Step Today
Don’t let dealing with an inherited property cause you any more stress. Whether you’re in Columbus, GA, or the surrounding areas, we can provide you with fast and fair solutions. As cash home buyers in Columbus, GA, we understand the local market and can offer competitive prices without the traditional hassles.
If and when you’re ready to explore your options or just want to understand what your property might be worth, contact us for a free consultation. You can get a cash offer today and start moving forward with confidence, knowing you’re making the right choice for your family’s situation.