Selling an inherited house in Georgia

Most inherited houses we get asked about have three problems at once. Nobody is sure who is allowed to sign. The heirs live in different states. And the house has sat empty long enough to start costing money. Take them in that order.

First: who can sign the deed

Inheriting a house does not put it in your name. Before anyone can sell it, the county records have to show how ownership passed from the person who died to whoever is selling. In Georgia that usually happens one of four ways.

• There is a will naming an executor. The probate court in the county where the person lived admits the will and issues letters testamentary, and from then on the executor signs. Many Georgia wills give the executor the power to sell real estate outright. If this one does not, the heirs’ written consent or an order from the court fills the gap.
• There is no will. Someone, usually one of the heirs, asks the court to be appointed administrator and receives letters of administration. An administrator generally needs either the court’s permission or the heirs’ consent to sell.
• Nobody needs to be appointed. If the estate owes no debts and every heir agrees, Georgia lets the heirs ask the probate court to declare that no administration is necessary. The heirs then sell the house together, and every one of them signs.
• Nobody ever did anything. It is common to find a house still titled to a parent who died years ago. It can still be sold. How ownership passed down through the family has to be documented first, and the closing attorney will say exactly what they need to see.

The closing attorney and the title insurer decide what paperwork is enough. The buyer does not. That is why we ask them early, before anyone spends money on a plan they would reject.

How long probate takes

It takes weeks when the paperwork is simple, the heirs are easy to find and everyone signs what they are sent. It takes longer when an heir cannot be found, someone objects, or the will is missing or unclear. Each county’s probate court works at its own pace, and the clerk’s office will tell you where a petition stands.

You do not have to wait for the letters to find out what the house is worth. Knowing the number early helps the family decide whether to sell, rent it out, or have one heir buy the others out.

Heirs in other states

Nobody has to fly to Georgia. Consents, waivers and deeds can be signed in front of a notary wherever the heir lives and sent back by mail, and closing attorneys routinely handle a closing where the sellers never come into the office. An executor who lives outside Georgia can generally serve; the probate court will say what it requires of them.

Distance is rarely what slows an estate down. The delay is almost always one heir who does not answer, so find that person first.

Meanwhile, the house

• Tell the insurer. Let the homeowner’s insurance company know that the owner has died and that the house is empty. Many policies limit coverage on a vacant house, and you do not want to find that out when you file a claim.
• Keep the basics running. In winter, heat or a drained plumbing system is cheaper than a burst pipe. A locked door and a cut lawn tell passers-by that someone is watching the house.
• Watch the tax bill. Property tax keeps accruing, and the bill still goes to the old mailing address. Have the county send it somewhere you will see it.
• Leave the contents where they are. Until someone has legal authority over the estate, what is in the house belongs to the estate. We buy houses with the contents still inside, so clearing it out is not a precondition.
• Keep paying the mortgage if there is one. Federal law generally stops a lender from calling a home loan due just because the borrower died and the house passed to a relative. The payments still come due every month, though, and missing them starts the lender’s foreclosure clock.

Fix it up, or sell it as it is?

If the house needs only paint and carpet, the heirs agree, and someone has the cash and the time, a repaired house listed with an agent may well net more. We will say so if we think that is true. If it needs a roof or new systems, or the heirs cannot agree about spending money, an as-is sale keeps the estate simple. It is one closing, one set of signatures and one number to split.

Checklist: where you are

If you want a short branching checklist — letters testamentary or administration, multiple heirs, out-of-state ancillary probate, and a printable document list — use the probate & signing-authority tool. It is orientation only, not legal advice, and it can carry your stage into the sell or absentee form.

Where we fit

We buy inherited houses as they sit, contents and all, and we are used to waiting for the court. We can walk the house and give the family a number before the letters are issued. Nothing is signed until the person with the authority to sign it can.