If you inherited a house in Georgia and discovered there are unpaid property taxes or a tax lien on the property, you may be wondering: Can I still sell the house?

The short answer is: it depends on where the property is in the tax lien process.

Hey guys, I’m Brad, the Probate House Guy. Thanks for checking out this article.

I’m an active real estate investor and a licensed real estate agent in the state of Georgia. Over the last 10 years, I’ve helped more than 300 sellers get their properties sold, whether that’s through a cash deal or by listing the property the traditional way.

I’ve made these videos and articles because we’ve learned a thing or two about probate and estates over the last 10 years, and I’m just sharing what I’ve learned with you.

Now, let’s get into the question.

Can You Sell an Inherited House With a Tax Lien in Georgia?

Let’s say you inherited a house in Georgia and there’s a tax lien on it. Can you sell the house?

Well, first, we need to figure out what kind of lien we’re dealing with.

Is it a lien like what’s called a Fi.Fa.?

That’s short for fi.fa., which comes from a Latin term. I don’t know — it’s hard to pronounce, right?

Basically, if you don’t pay the property taxes, the county can ultimately record a Fi.Fa. for the amount owed on those taxes.

At that point, the county reserves the right to sell that lien at an auction to get its money back.

And that’s where things can get more complicated.

What Happens When a Georgia Property Goes to Tax Auction?

If the tax lien is sold at a tax auction, an investor can become the winning bidder.

There is a waiting period after that. In Georgia, if an investor buys a tax lien at auction, there is a 12-month right of redemption period before they can start what’s called the barment process.

During that 12-month period, you, as the owner of the property — or potentially the representative of the estate — can redeem the property.

Essentially, you can buy it back from the investor.

But you have to pay the investor interest on their money.

In this situation, the investor is entitled to a return based on Georgia law. Brad explains in the video that this can be 20% on their money, with an additional 10% for each year thereafter.

I’m not going to get into all the particulars and the nitty-gritty of how that works in this article. You can contact your local county tax commissioner’s office, which usually has information about the process, or speak with a qualified attorney about your situation.

Ultimately, if an investor has purchased the tax lien, you’re going to have to deal with that investor and the applicable redemption requirements because they fronted their money and are entitled to the return provided under Georgia law.

What Is the Barment Process in Georgia?

After the 12-month redemption period, the investor can start what’s called the barment process.

It’s kind of like a tax foreclosure process.

The investor has to get an attorney involved, publish the required notices, and file a court case. The process can take several months before it’s ultimately completed.

The purpose of the process is to allow the investor to obtain clear title to the property.

So, hopefully, you’re in the situation where there’s simply a Fi.Fa. or tax lien filed against the property and the property hasn’t actually been sold at a tax auction yet.

That’s a much better position to be in.

How Do You Know If an Inherited Property Was Sold at Tax Auction?

So how do you find out whether the property has already been sold at a tax auction?

You can start by looking at the property records, including the deed records.

If the property has been sold, you may see a deed transfer in the property records.

You can also sometimes check with the tax assessor’s office. The new owner’s name may eventually be updated in the records.

Often, the new owner could be an LLC or an individual’s name. The records may indicate something like a tax deed auction, tax lien auction, or tax auction as the way the new owner acquired the property.

But here’s the thing: the public records can take some time to update.

The Best Way to Find Out If the Property Was Sold

If you’re trying to figure out whether an inherited house has already gone through a tax auction, the best thing to do is call the county commissioner’s office and ask.

They can tell you whether the property was sold at a tax auction, when it was sold, and how much it sold for.

That information is public record, but it sometimes takes a little while before everything starts showing up in the public records.

You may even be able to call the day after the auction and get the information directly from the county.

What If the Property Hasn’t Gone to Tax Auction Yet?

This is the situation you want to pay close attention to.

If the property hasn’t gone to auction yet, then you generally just have the tax lien to deal with.

And if you want to remove that lien, you pay the amount that’s owed in taxes.

But what if you don’t have the money sitting around to pay it?

That’s where things can get a little more complicated.

Can the Delinquent Taxes Be Paid at Closing?

If you’re selling the inherited property, the delinquent taxes can be paid as part of the closing process.

We do this all the time.

A lot of times with estates, there’s a delinquent tax bill or some other amount that needs to be paid. When the property is sold, that tax bill can be paid as part of closing.

So having a tax lien doesn’t necessarily mean you can’t sell the property.

It means the lien needs to be addressed as part of the transaction.

What If You Don’t Want the Property to Go to Tax Auction?

If you’re worried that the property is going to tax auction, you may be able to pay the amount that’s owed before it gets there.

You might use your own money and potentially have the estate reimburse you.

Or, depending on your situation and your access to the decedent’s funds, there may be money available through a joint account, a payable-on-death account, or another arrangement.

The important thing is that someone has to pay the tax lien to stop the process from moving forward.

Need Help Figuring Out Your Options?

If you’ve inherited a property in Georgia and you’re dealing with delinquent property taxes, a tax lien, or a possible tax auction, don’t wait until the situation gets even more complicated.

If you’d like to talk with us about the options for the property you’ve inherited, we’d be happy to talk with you.

Simply fill out the form below ⬇️ ⬇️ ⬇️. A member of our team will get in touch with you as soon as possible.

Whether you’re considering selling the property for cash or you’re trying to figure out the best way to move forward with an inherited property, we can talk through the options available to you.

Don’t Wait If Your Inherited House Is Facing a Tax Auction

If you’re dealing with this situation, don’t wait and don’t hesitate.

Make sure you understand what’s owed and whether the property is approaching a tax auction.

Once the property has been sold at a tax auction, it can cost you more money, time, and effort to deal with the situation. It becomes a much bigger headache.

Yes, there is a redemption period after the property has been sold, but it’s more complicated that way.

If you can address the tax lien before the property gets to that point, that’s obviously something you want to look into.

Selling an Inherited House in Georgia

I hope this answers the question: Can you sell an inherited house in Georgia with a tax lien?

The key is figuring out exactly where the property stands.

If there’s simply a tax lien or Fi.Fa. and the property hasn’t gone to auction, you may be able to resolve the delinquent taxes through the sale and have them paid as part of closing.

If the property has already been sold at a tax auction, there are additional steps and deadlines you’ll need to understand, including the right of redemption and potentially the barment process.

Again, I’m not an attorney, so if you’re dealing with a tax lien on an inherited property, I strongly recommend speaking with a qualified Georgia probate or real estate attorney about your specific circumstances.

As for me, I’ve been helping sellers in Georgia sell their properties for cash for the last 10 years. And if you don’t want to go the cash route, I’m also a licensed real estate agent and can help you explore listing the property.

I’ve been a licensed agent since 2017, and I hang my license with One Source in Woodstock, Georgia.

So whether you want to sell your inherited house for cash or you’d rather list the property, we’d be happy to talk with you about your options.

Fill out the form, and a member of our team will be in touch with you ⬇️ ⬇️ ⬇️

I’m not an attorney, and I don’t claim to be one. So please don’t take anything I say as legal advice. I highly recommend consulting with a probate attorney or real estate attorney about your specific situation.