SELLING ESTATE PROPERTY IN GEORGIA: What Executors, Administrators, Lenders, & Real Estate Agents Should Know
When a loved one passes away and leaves behind real estate, selling that property often becomes one of the most significant responsibilities of the person managing the estate. But in Georgia, the process for selling estate property is far from one-size-fits-all. Whether the estate is being executed (meaning decedent left a valid will) or administered (because there was no will or the will that was left is invalid) dramatically affects the steps you must take. The nature of the bequest in the will matters just as much; a specific gift of property to a named person calls for a very different legal approach than property falling into the general residue of the estate. Understanding these distinctions is essential for avoiding costly mistakes, delays, or even an invalid sale.
Executed Estates: When There Is a Will
When the decedent left a valid will, the person named as executor must first submit that will to probate and obtain Letters Testamentary from the court. Only then does the executor have legal authority to act for the estate. Once appointed, the next question is whether the will grants what is known as a power of sale. Many Georgia wills specifically give the executor the authority “to sell, mortgage, lease, or otherwise dispose of any real or personal property of my estate.” When this clause is present, the executor may typically list and sell the property without returning to court for special permission, so long as they act within their fiduciary duties—meaning the sale must be fair, at market value, and entirely in the best interests of the estate and its beneficiaries.
If the will does not include a power-of-sale clause, the executor’s path becomes more court-involved. In that situation, an executor is generally required to petition the probate court for leave to sell the property. The court will review the circumstances, ensure that the sale is necessary or beneficial, and may require notice to beneficiaries, publication, appraisal, or even a hearing before granting authority. No executor should attempt to proceed with a sale without clarity on this point; doing so can lead to the transaction being challenged later, which can unwind closings and create serious liability.
Once the executor receives the proper authority, the proceeds from the sale must be used in the statutory order to satisfy estate obligations, including debts, taxes, court costs, and administrative expenses. Only after those obligations are fully resolved may the executor distribute any remaining funds to the beneficiaries as directed in the will. Throughout this entire process, the executor remains bound by strict fiduciary duties—selling for too little, failing to obtain a proper valuation, or engaging in any conduct that favors one person over another can expose the executor to personal liability.
Administered Estates: When There Is No Will or the Will is Invalid
If the decedent died without a will or the will they left is invalid, the situation is different from the moment probate begins. Instead of an executor, the court appoints an administrator—often a spouse or closest next of kin—and issues Letters of Administration, which give legal authority to manage the estate. In these cases, known as intestate cases, administrators are usually subject to greater court supervision, and they do not automatically have power to sell real estate simply because they are in charge of the estate.
Georgia law requires administrators to request permission from the probate court before selling any real property. This typically takes the form of a petition for leave to sell, and the court must determine that a sale is necessary either to pay debts and expenses or for proper distribution among the heirs. Courts may require notice, publication, appraisal, or even a public sale process depending on the circumstances. If an administrator attempts to sell land without following the statutory procedure, the sale can be ruled void—even years later.
After a court-approved sale, the administrator must apply the proceeds to estate debts before distributing the remainder to the heirs according to Georgia’s intestacy laws. Just like executors, administrators must act with absolute fairness, avoid conflicts of interest, and ensure that the property is not sold for less than its fair market value.
Specific Bequests vs. Residuary Property
Even when a valid will exists, the way property is gifted under that will can completely change the executor’s options. If the will contains a specific bequest—for example, “I leave my home at 123 Main Street to my daughter Jane”—then that property is designated for a particular beneficiary. In those cases, the property typically passes directly to the named individual, and the executor may not have authority to sell it unless the will explicitly gives them the power to do so. If the will does not include a power-of-sale clause, the executor may need the beneficiary’s consent or a special court order to complete a sale. Attempting to sell specifically devised property without proper authority can quickly lead to legal issues.
By contrast, when the property falls into the residuary estate—the portion described in a clause such as “all the rest, residue, and remainder of my estate”—the executor usually has greater flexibility. If a valid power-of-sale clause exists in the will, the executor can often sell the property and distribute the resulting proceeds among the residuary beneficiaries. This is often the most practical approach, especially when beneficiaries prefer cash rather than co-ownership of a residence or parcel of land.
Why Experienced Legal Guidance Matters
Selling estate property in Georgia involves far more than listing a house and attending a closing. Executors and administrators are held to high standards, and mistakes can be costly. A sale executed without proper authority can be undone, even after the property changes hands. Selling property for too little, failing to notify interested parties, or mishandling creditor claims can expose the personal representative to liability, lead to a contested probate, undo the transaction entirely, even after closing, and could potentially subject agents to liability in some legal avenues..
Working with an experienced probate and real estate attorney—such as Your Hometown Attorney—ensures that every step is handled with precision. A knowledgeable and experienced probate and real estate attorney can review the will, determine what authority exists, prepare any necessary petitions, guide you through statutory procedures, coordinate with agents familiar with probate sales, and help prevent mistakes that delay or jeopardize the estate’s administration. Having the right legal support creates confidence for both families and buyers and leads to smoother, legally compliant closings. Your Hometown Attorney brings together the best of three worlds - Estate Planning, Probate, and Real Estate- to give you experienced and knowledgeable guidance each step of the way.
If you have questions or are looking to execute or administer a Georgia Probate Estate or are looking to sell (or represent) property that belongs to an estate, contact Your Hometown Attorney today to make sure your interests are protected!
