FREQUENTLY ASKED QUESTIONS
How much does probate cost in Georgia?
Probate costs in Georgia can vary depending on the complexity of the estate and how much legal help you need. Full probate administration can cost around 3% of the estate. Because every estate is different, it’s best to consult a Georgia probate attorney about your specific situation.
Should I fix the inherited house before selling?
It depends on how you plan to sell. Listing on the open market often means repairs pay off, since buyers using a mortgage typically expect a move-in-ready home and an appraiser may require fixes before a loan closes. Selling to a cash buyer flips that math: repairs, cleanout, and permits cost time and money up front, and none of it is required to close. For most heirs juggling probate, distance, or a house needing more than cosmetic work, skipping repairs and taking a cash offer nets a comparable or better outcome once you factor in months of holding costs, taxes, insurance, and utilities on a vacant property.
What happens if the house has unpaid property taxes or a lien?
Back county property taxes, an HOA lien, or a pending tax deed sale can typically be paid directly out of the closing proceeds by the closing attorney, rather than requiring money from the heirs up front. Any known liens are simply factored into the offer, so the number you’re quoted is close to the number you actually walk away with.
What happens if a will isn’t valid in Georgia?
If a will isn’t considered valid, the estate may have to go through the administration process, and additional probate steps may be required. If the will is being challenged because of issues such as duress or forgery, probate litigation may also be involved. It’s important to consult a qualified probate attorney about your specific situation.
What happens if someone dies without a will in Georgia?
When someone dies without a will in Georgia, they are considered to have died intestate, and their estate must follow Georgia’s intestate succession laws. The court determines the legal heirs, and the estate generally goes through an administration process. Depending on the family situation, multiple relatives may be involved, which can make the probate process more complicated.
What happens to the mortgage when you inherit a house?
When you inherit a house with a mortgage, the mortgage doesn’t simply disappear when the homeowner passes away. You’ll need to identify the lender, notify them of the death, and determine how the mortgage payments should be handled while the estate goes through probate. If you plan to sell the inherited house, the mortgage can generally be paid off as part of the closing process. Because every probate and mortgage situation is different, it’s a good idea to consult with a probate or real estate attorney about your specific situation.