Power of sale, or leave to sell

This single distinction drives the timeline. An executor with a power of sale under the will conveys real property without a separate court order. A personal representative without that power files a petition for leave to sell, interested parties are given notice, and a hearing follows.

Telling us which applies is the most useful thing you can do at the start. It determines whether we are planning a closing around a title examination or around a probate court docket.

What the closing attorney will ask for

  • The order admitting the will to probate and appointing the personal representative
  • Letters testamentary or letters of administration, current and certified
  • The will itself, showing whether a power of sale was granted
  • Where required, the order granting leave to sell
  • Where applicable, the order of no administration necessary or a year's support award
  • Payoff figures for any security deed, including a reverse mortgage
  • The tax commissioner's figure for any delinquent property taxes

Selling while the estate is still open

Estates frequently need to sell the house precisely because the estate has no cash — taxes are due, the loan is behind, the insurance lapsed, or the property is deteriorating. Selling during administration is normal, and the proceeds go to the estate to be applied and distributed.

We can sign a contract now with a closing date that accommodates the court's timeline, and we do not need the property cleaned out, repaired, or vacant to make an offer.

Year's support changes the picture

Georgia allows a surviving spouse or minor children to petition the probate court to set aside estate property for twelve months' support. An award can take property ahead of some estate creditors and can vest title directly in the spouse or children.

That means the person you assume has authority to sign may not, or may have more authority than expected. Where a spouse or minor children survive the deceased owner, raise year's support with a Georgia probate attorney before anything is signed.

Frequently asked questions

Does a Georgia probate sale need court approval?

Not if the will grants the executor a power of sale. Without it, the personal representative must petition the probate court for leave to sell.

Can the estate sell if the loan is behind?

Yes, and it is a common reason estates sell. The payoff, arrears, and fees come out of the closing proceeds.

What if the estate has no money for repairs?

That is the normal situation. We buy in current condition, so nothing has to be spent before closing.

How long does a Georgia probate sale take?

With authority in hand and clear title, the closing is driven by the title examination — often a few weeks. A leave-to-sell petition adds the court's timeline.

Who signs the deed?

The appointed executor or administrator in that capacity, or the heirs where the property passed directly to them.

This page is general information about selling property in Georgia, not legal, tax, or financial advice. Laws change and every situation is different, so talk with a qualified Georgia professional about yours.