Can an Executor or Administrator Sell a House in Georgia? Why Your Letters May Not Include Power of Sale
No, not automatically. Your letters of administration or letters testamentary give you authority to manage the estate, but they do not always include the power of sale, which is the part that lets you sign a listing agreement, a purchase contract, and the deed on the estate's real property. If the closing attorney stops your sale, you have to get that power added or file a petition for leave to sell with the probate court, and both take time. I am a real estate agent and investor who helps Middle Georgia families with the real estate side of probate, and I have watched families in Bibb, Houston, and Pulaski counties run into this exact wall. Here is how to avoid it, and my Georgia probate help when a house is involved page covers the rest of the process.
Last updated: November 9, 2026
Watch: Selling Your Loved One's Home? Read This Before You Sign Anything!
Do Letters of Administration or Letters Testamentary Let You Sell the House?
Not always. Your letters prove you are the court-appointed authority over the estate, so you can manage it, pay its bills, and deal with its assets. But managing the estate and selling its real property are two different things, and a lot of families assume they are the same.
Power of sale is the specific authority to sell real property out of the estate. If your letters do not say you have it, or the will does not grant it, you may not have it yet. Most people find that out at the worst possible moment, which is the closing table.
What Is the Most Common Mistake Families Make When Selling a Probate House?
Going too far too fast. The number one mistake I see is a family that wants the probate process done, so they rush. They sign a listing agreement, and the listing agent does not always check that they actually have the authority to sell. The house goes on the market, they sign a purchase and sale agreement, and they go to the closing table.
Then the closing attorney says, wait a minute, you cannot go anywhere yet, you do not have the authority to sell this house. Now the family has to fall back, punt, and start all over again.
My walkthrough on selling an inherited house in Georgia covers the family meeting, the appraisal, and the selling path. Check your authority before any of that.
What Happens When the Closing Attorney Says You Do Not Have Power of Sale?
The sale stops until the authority is fixed. You go back to the probate court, and the usual next step is a petition for leave to sell. Georgia has a standard court form for it, the petition of personal representative for leave to sell property, which is filed under O.C.G.A. § 53-8-13. Notice to the heirs is part of that process.
It is not a huge legal deal, but it is a second step, and it drags out the timeline. That extra time is where families get into trouble, which is what the real example below is about.
How Do You Get Power of Sale Before You Need It?
When you file your petition to be the executor or administrator, ask the court for expanded powers at the time of appointment. When you get your letters, make sure they specifically say power of sale of real property. With that wording in place, you have the authority to sign a listing agreement with a real estate agent, sign a purchase agreement with a buyer, and sign the deed at the closing table.
If you are already appointed, you can ask the probate court to note the power of sale specifically on your letters. Ask the court clerk or a probate attorney which filing fits your situation.
If There Is a Will
A will can grant the executor power of sale. Read it, and do not assume it does. If the will does not clearly grant it, the petition for leave to sell is the usual route.
If There Is No Will
An administrator can ask the court for additional powers. The Houston County Probate Court's own brochure says that if all heirs consent, the administrator may be given additional powers. Georgia's standard petition for letters of administration adds that notice has to be published, and it says the personal representative is otherwise required to file a petition for leave to sell. One heir who will not sign puts you back on the petition route.
Your situation | What usually lets you sell | What to do |
|---|---|---|
Executor, and the will grants power of sale | The will itself | Confirm the wording, and have the closing attorney confirm it before you list |
Executor, and the will is silent or unclear | A court order | File a petition for leave to sell with the probate court |
Administrator (no will), and all heirs consent | Additional powers granted by the court | Ask for power of sale when you file, with all heirs consenting and notice published |
Administrator, and an heir will not consent or cannot be found | A court order | File a petition for leave to sell, with notice to the heirs |
This is a general guide from the real estate side, not legal advice. The probate court clerk or a probate attorney can tell you which filing fits your estate.
What Does a Missing Power of Sale Cost? A Real Example
I work with another agent whose client family has been waiting nearly a year. The family was having a dispute, and because the letters did not include power of sale, they had to go back to probate court and file a petition for leave to sell. That second step gave the family time to talk, collaborate, and argue about who wants to do what, where, and how.
The probate has taken almost a year, and the house still has not sold. In the meantime it sits there and keeps deteriorating. The people who were interested in buying it lost interest, because it is not worth what it used to be. A line in the letters would have avoided that second step.
What Should You Check Before You List a Probate House?
Read your letters for the words power of sale of real property, or confirm that the will grants it.
Ask the closing attorney before you list, not after you have a contract, whether your authority is enough to close.
If an heir is unhappy, plan for the petition route and the extra time it adds.
I am not an attorney, so please also talk to a probate attorney. My post on whether you need a probate attorney in Georgia explains when it is worth the cost, and the most common mistake in Georgia probate court is worth a read too.
What Are Your Options for the House Once You Have the Authority?
Once your letters or a court order give you the power to sell, you have three real choices. I buy houses, so I am not a neutral party, and you should compare every option.
Take a cash offer on the house as it is. I can give you one.
List it and go for top dollar. I can do that too, and my post on listing vs a cash offer in Middle Georgia shows how the two compare.
Keep it as an investment property. I can put you in front of good property managers, and you can visit betterthanpropertymanagement.com. My post on renting a probate house in Georgia covers the risks first.
Frequently Asked Questions About Power of Sale in Georgia Probate
Do my letters of administration let me sell the house in Georgia?
Not always. Letters give you the authority to manage the estate, but the power to sell real property is a separate power. If your letters do not include power of sale, you may need the court to grant it before a closing attorney will close the sale.
What is power of sale in a Georgia probate?
Power of sale is the authority that lets an executor or administrator sell the estate's real property. With it, you can sign a listing agreement, sign a purchase agreement, and sign the deed at closing. Without it, the closing attorney can stop the sale.
My letters do not mention power of sale. What do I do now?
Go back to the probate court. The usual step is a petition for leave to sell, which adds a second court step and gives the heirs notice. If you are already appointed, you can also ask the court to note power of sale specifically on your letters. A probate attorney or the court clerk can tell you which filing fits.
Can I ask for power of sale when I file to be the administrator?
Yes, and I recommend it. Ask the court for expanded powers at the time of appointment and make sure the letters specifically say power of sale of real property. For an administrator without a will, the Houston County Probate Court says the court may grant additional powers if all heirs consent.
What happens if I sign a listing agreement or purchase contract before I have power of sale?
The sale can stall at the closing table. The closing attorney checks your authority, and if you do not have power of sale, you have to stop, go back to court, and start over. Meanwhile the house sits empty and buyers can lose interest, so check your authority before you list.
Ready to Sell a Probate House in Middle Georgia?
If you are the executor or administrator of an estate in Houston, Bibb, Peach, or Pulaski County and you are not sure your letters let you sell, call or text me at (478) 273-8880 or book a time to talk. I can give you a cash offer on the house as it is, list it and help you get top dollar, or connect you with a property manager if the family wants to keep it as a rental. I am not an attorney, so I also suggest talking to a probate attorney before you sign anything. My clients rate me 5.0 stars across 20 Google reviews and 2 Zillow reviews, as of October 2026.
