Selling an Inherited Property in Georgia:
Probate, Taxes & Your Options

Seller Education Center · Updated October 2026 · By ATL Home Buyers

Step 1: Figure Out Who Can Sell

A house doesn't automatically become yours to sell the day a loved one passes. Someone has to have legal authority. In Georgia, that usually happens one of these ways:

• There's a will: the named executor petitions the county probate court. Once approved, they receive Letters Testamentary, which give them authority to manage and (usually) sell estate property.
• There's no will: an heir or other interested person asks the court to appoint an administrator, who receives Letters of Administration. Depending on the court's order, selling real estate may require additional court approval or the heirs' consent.
• No debts and all heirs agree: Georgia allows a petition for "No Administration Necessary," which can be a faster, cheaper route in simple estates.
• The house was jointly owned or in a trust: a surviving joint owner with right of survivorship, or the trustee of a living trust, may be able to sell without probate.

Probate timelines vary by county and complexity — simple estates can move in a few months, while contested estates can take much longer. A Georgia probate attorney can tell you which route fits your situation.

Step 2: Understand the Taxes

• No Georgia inheritance or estate tax: Georgia doesn't charge either one. The federal estate tax only applies to very large estates.
• Stepped-up basis: for capital-gains purposes, an inherited home generally gets a new "basis" equal to its fair market value on the date of death. If you sell soon for about that value, there may be little or no capital-gains tax. Getting a date-of-death appraisal helps document this.
• Property taxes keep coming: taxes, insurance and utilities are still due while the estate is open. The deceased owner's homestead exemption may end, which can raise the tax bill.

Talk with a CPA before you sell — especially if you plan to hold the property for a while or rent it out.

Step 3: Deal With the Mortgage & Liens

If there's a mortgage, payments still need to be made to avoid default. Federal law generally lets a relative who inherits the home take over without the lender calling the loan due. Any liens, back taxes or unpaid bills tied to the property are usually paid from the sale proceeds at closing.

Step 4: Choose Your Path

Keep It

Makes sense if a family member wants to live there and can afford the payments, taxes, insurance and upkeep.

Rent It

Can create income, but you become a landlord — repairs, tenants, vacancies and management. Older inherited homes often need significant updates first.

List It With an Agent

Often brings the highest price for a house in good condition — but expect repairs, a cleanout, showings, commissions and typically several months from listing to closing.

Sell It As-Is for Cash

Best when the house needs work, heirs live out of state, or the family wants a clean, fast exit. No repairs, no cleanout, no showings — and one clear number that's easier for multiple heirs to agree on.

Common Mistakes to Avoid

• Letting the house sit vacant without insurance — many standard policies limit coverage on vacant homes.
• Spending money on repairs before you know which path you're taking.
• Signing a contract before the person signing actually has legal authority to sell.
• Throwing away paperwork — look for the deed, mortgage statements, tax bills and any will or trust documents.

See how we buy inherited houses as-is →

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This guide is general information, not legal, tax or financial advice. Laws and timelines change and every situation is different — talk with a Georgia attorney, CPA or HUD-approved housing counselor about your specific case.