Can an executor sell a house in Georgia if all heirs aren’t in agreement?
What is an executor and what are their duties?
When a person dies in Georgia, an executor, or personal representative, is elected by the heirs, appointed by the court, or named in the will. In Georgia, the qualifications to be an executor are that the person is over 18 years old and of sound mind. The executor does not have to live in-state. This person is responsible for paying off the deceased's debts and dividing the assets among the people who inherit them. The deceased’s home is one of the assets.
But what if there isn’t unanimous agreement about selling the house? Some of the heirs might want to keep it in the family, while others want to sell it fast. In this case, can the executor sell the house regardless? Does the executor have the final say in this situation?
The importance of mediation when heirs don’t agree on an inherited house in Georgia
The answer to the question, “Can the executor sell the house regardless?” is a resounding “No.” The executor does not have that power. When a crisis like this occurs over an inherited house in Atlanta, you may have to go through probate, but before hiring a lawyer and going to court, mediation is worth trying.
A mediator is a neutral person who can help mediate discussions and resolve disputes between the involved parties—in this case the heirs. The aim is to come to a satisfactory voluntary settlement, thus avoiding court. Any fair and neutral person can act as a mediator, but ideally, they should have these qualities:
If mediation over the inherited house doesn’t work, hire an Atlanta lawyer.
If the crisis over the inherited house can’t be fixed with mediation, hiring an attorney who specializes in estate law is a smart step. Georgia estate laws are complicated and it’s important that you understand, as an executor, what to do and how to handle the situation.
If you decide to tackle this without the help of an estate lawyer, you can find information on the Fulton County government website. The local government has even provided a helpful video about probate. Walk-ins are available at Atlanta Probate Court to file on Wednesdays, no appointment needed, between 8:30 am – 4 pm.
It’s vital to remember that the judge or clerks can’t be your legal advisor. The judge’s job is to make a ruling.
Selling an inherited house in probate in Atlanta
In order for an executor to get permission to sell an inherited Atlanta house in probate, the executor must file a petition in court to sell. With the help of your lawyer, write a petition stating that you would like to sell the house, the reason for selling it, and the terms and price of the sale.
When the petition has been filed, all heirs will receive notice from the court, and if anyone objects about selling the inherited house, a hearing will be ordered and the judge will make the decision. It’s important that the executor has no conflicts of interest or even the appearance of one, to avoid legal problems.
Reasons to sell inherited real estate fast in Atlanta
If the inherited house is not in good condition, it may deteriorate in a short time. This is what is known as “perishable” and is a valid reason for the court to sometimes allow the sale of an inherited house in Atlanta probate when heirs disagree.
Sky-high insurance rates are another reason to sell fast if the house is uninhabited. Vacant houses are more susceptible to theft, vandalism, and vagrancy. According to FitSmallBusiness, “Vacant home insurance covers homes that are unoccupied for an extended period. It typically costs 50% to 60% more than your traditional home insurance policy....”
Other expenses include property taxes, sewer bills, and maintenance costs.
How to sell an inherited house in Atlanta fast without making any repairs or updates
To avoid the need for costly repairs when selling an inherited house through a real estate agent or FSBO (for sale by owner), sell to We Buy Ugly Houses®. We Buy Ugly Houses buys houses in “as is” condition, meaning you don’t have to lift a finger to paint or make repairs. You don’t even have to clean. And if there are items in the house that nobody wants, you can just leave them there, and we will take care of them.
Simply contact us to make a free, no-obligation, in-person appointment with one of our friendly Atlanta property specialists. We’ll take a tour of your house and answer your questions. We can often furnish you with a fair cash offer the same day. If you accept our offer, we can frequently close in as little as 3 weeks!
We have no hidden fees, charge no commission, and pay typical closing costs. We have a high 95%* customer satisfaction rate and we invite you to read our great reviews. Contact us to learn more about selling your inherited house in Atlanta to We Buy Ugly Houses.