Sell a Probate Property in Georgia
Georgia probate is handled by the Probate Court in the county where the decedent lived. Georgia allows for solemn form and common form probate. The administrator or executor must be appointed before estate real property can be sold. Georgia's Year's Support law gives a surviving spouse (and minor children) a priority claim on estate assets before other creditors, which can affect how much equity is available to heirs. Georgia also allows a simplified non-intervention administration for some estates.
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Probate & Estate Sales in Georgia — FAQ
Georgia's Year's Support law allows a surviving spouse (and minor children) to claim a portion of estate assets before creditors are paid. This claim must be resolved before selling estate real property. We work with your estate attorney to address Year's Support claims as part of the sale process.
Uncontested Georgia probate typically takes 3–6 months, though the process can be faster in some counties. Once the administrator has authority, we can close a real estate sale in 14–21 days.
If the will grants independent authority, no court approval is needed. Otherwise, the executor may need to petition the court. Our team will confirm the requirements with your attorney at the start of the process.
Yes. When there is no will, the court appoints an administrator who then has authority over estate assets including real property. The intestate succession laws determine which heirs receive proceeds.
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