Do You Have to Go Through Probate to Sell an Inherited House in Georgia? It Depends on How the House Is Titled
It depends on how the house is titled. If your loved one owned it alone, it has to go through probate, and someone the court appoints must have the authority to sell it. If it was owned with right of survivorship, the surviving owner gets it automatically and there is no probate. If it was owned as tenants in common, the deceased owner's share goes through probate. I am a real estate agent and investor who helps Middle Georgia families in Houston, Bibb, and Pulaski counties with the real estate side of probate, and my Georgia probate help when a house is involved page covers the rest of the process.
Last updated: November 12, 2026
Watch: Inherited a Home in Georgia? Who Actually Has the Right to Sell
Step 1: What Does the Title Say?
Before anything else, check the title. When your loved one took the house, they either bought it alone or bought it with somebody else, and that decides what happens next. In Georgia, co-owners are treated as tenants in common unless the deed expressly says they hold the property as joint tenants with right of survivorship (O.C.G.A. § 44-6-190), so look for those words on the deed.
How the title reads | Does it go through probate? | Who can sell | What to do |
|---|---|---|---|
Owned alone, with a will | Yes | The executor, once the judge appoints them | Follow the will and get letters testamentary |
Owned alone, no will | Yes | The administrator, once the judge appoints them | Petition for letters of administration, or ask for a no administration necessary order if all heirs agree and there are no debts |
Joint, with right of survivorship | No | The surviving owner | The survivor may need a real estate attorney to prepare the deed |
Tenants in common | The deceased owner's share does | The estate must distribute or sell that share, or the other owner buys it out | Work out a buyout or a distribution |
This is a general guide from the real estate side, not legal advice. A probate attorney can tell you which situation applies to your family.
My short version is two yeses and one no. Owned by one person: yes, probate. Tenants in common: yes, that person's share goes through probate. Right of survivorship: no, it does not have to go through probate.
What If the Deceased Owned the House Alone?
Then nobody else owns it except the estate, and the estate has to be distributed. If there is a will, the will says who gets the house and who the executor is. The judge reviews the will and signs off, and the executor is then responsible for paying the debts and distributing the estate.
If there is no will, somebody has to petition to be the administrator. It is the same job with a different title. You file your paperwork at the Houston County or Bibb County probate court, the judge reviews it and signs off, and you get your letters: letters testamentary for an executor or letters of administration for an administrator.
Get the Judge's Signature Right Then and There
Make sure the judge signs your letters right then and there. We have had a lot of people receive their letters before the judge had signed them, and they had to wait to get back in front of the judge. That signature is what starts the clock. How long the wait is depends on the court's workload, and in my experience it can take a few weeks.
Once You Have Authority
Once somebody has the authority to deal with the estate, they can pass the property to the next of kin or sell it. The will dictates who gets the house. If there is no will, it is a decision among all of the family members and heirs. Keep in mind that authority to manage the estate is not always the same as the power to sell real property, and my post on why your letters may not include power of sale explains the difference.
The No Administration Necessary Shortcut
There is one little trick in Georgia. If there is no will, all of the heirs get along, and everybody agrees on what needs to be done and how, you can petition the judge as a group for a no administration necessary order (O.C.G.A. § 53-2-40). There cannot be any debts in the estate, or every creditor has to consent. The court can then skip appointing an administrator, and the judge authorizes the heirs directly. The Houston County Probate Court's brochure describes it, the county posts the standard petition, and my hub page covers the no administration necessary option. Creditors may still have a claim against the heirs for what they receive, so ask a probate attorney before you sign.
What If the House Has Right of Survivorship?
This is the easy one. If two people are on the title with right of survivorship, a husband and wife, best friends, it does not matter, then when one dies, the remaining interest in the house transfers to the surviving owner automatically. The house does not have to go into probate. The survivor may want a real estate attorney to draw up a deed that formally changes the title from two names to one, but there is no probate involved.
I am not an attorney, so double-check with your probate attorney, and if you do not have one, reach out to me and I can get you one. These videos last a long time, and rules can change overnight without any advisory, so it is up to you to stay on top of the current rules. My post on whether you need a probate attorney in Georgia explains when it is worth the cost.
What Is the Tenants in Common Trap?
Tenants in common means person A and person B each own part of the house. If person A dies, that share, half if they owned it equally, is in limbo, because it is part of the estate and has to be distributed to an heir or sold. That can get sticky. If person B does not want to play ball, they can make things difficult.
You have two ways out. The deceased owner's share can be distributed to a surviving heir, or owner B can buy that share out.
When Can You Sell the Inherited House?
If the title says joint with right of survivorship, you do not have to do anything. It goes to the surviving owner. Everything else has to wait for a living person with authority to deal with the estate, signed off by the judge. When they have that authority, they can distribute the house to a family member or put it on the market and sell it.
How Long Does It Take to Sell an Inherited House in Georgia?
Probate in Georgia is not fast, like most states. First someone has to become the authorized executor or administrator. Then they send notice to debtors and creditors that the person has died, the accounts are still open, and the estate needs to pay what it owes. In my experience that notice period takes about six months if there are no issues, and longer if there are. During that time you can start prioritizing which debts get paid.
Can You Sell an Inherited House During Probate?
Most of the time, yes, as long as you have clear authority to sell the property. The purpose of probate is to find the debtors and creditors, pay off the debts, and then distribute the assets. Since paying the debts comes first, the estate needs money. If the estate does not have it, you may have no choice but to sell the real property, so selling the house to finish paying those debts is probably the most common route.
I buy houses, so I am not a neutral party, and you should compare every option. I can give you a cash offer on the house as it is, or help you list it, and my post on listing vs a cash offer in Middle Georgia shows how they compare. My walkthrough on selling an inherited house in Georgia covers the family meeting and the rest of the steps, and I have a network of probate attorneys, handymen, and tax professionals, including a CPA, as I explain in what role a CPA plays in Georgia probate.
Frequently Asked Questions About Selling an Inherited House in Georgia
Do I have to go through probate to sell an inherited house in Georgia?
It depends on the title. If the deceased owned the house alone, yes, it goes through probate. If it was owned with right of survivorship, no, it passes to the surviving owner automatically. If it was owned as tenants in common, the deceased owner's share goes through probate.
What does right of survivorship mean for an inherited house in Georgia?
It means that when one owner dies, the surviving owner automatically gets the deceased owner's interest, so the house does not go through probate. In Georgia the deed has to say so expressly, so look for the words joint tenants with right of survivorship. The survivor may still want an attorney to prepare a deed that puts the title in one name.
What happens if an inherited house is owned as tenants in common?
The deceased owner's share, half if they owned it equally, is part of the estate and has to be distributed to an heir or sold. The other owner can buy that share out. It can get sticky if the other owner does not want to cooperate.
Can I sell an inherited house during probate in Georgia?
Most of the time, yes, as long as you have clear authority to sell. Letters do not always include power of sale, so check your letters first. Because the estate has to pay its debts, selling the house is often the most common way to raise the money.
Can the heirs skip appointing an administrator when there is no will?
Sometimes. If there is no will, every heir agrees on what to do, and there are no debts or the creditors consent, the heirs can petition the judge for a no administration necessary order. One heir who refuses to sign ends that option. The Houston County petition is a good place to start.
Ready to Sell an Inherited House in Middle Georgia?
If you inherited a house in Houston, Bibb, Peach, or Pulaski County and you are not sure who can sell it, 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, help you list it, and connect you with a probate attorney, a CPA, a handyman, and tax professionals. 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.
