Someone Died and Left You a House in Georgia: What Happens Now?

Someone you know passed away and left you a house in Georgia. What happens now?

If you’ve suddenly inherited a house, there’s probably a lot running through your mind. What do you need to do first? Can you sell the house? What happens if there’s a mortgage? And do you have to go through probate before you can do anything with the property?

I’m Brad Woodall, the Probate House Guy. 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 was through a cash purchase or by listing the property traditionally.

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

Now, I’m not an attorney, so please don’t take this as legal advice. Every estate is different, and I highly recommend talking with a probate attorney or real estate attorney about your specific situation. 

First, Secure the Inherited House

Before you start worrying about selling the house, probate, or anything else, I would start by securing the property.

If the house is vacant, you want to make sure the doors are locked and the property is secure.

You also need to think about the utilities.

Personally, I would recommend keeping the power on. In the winter, you want the heat running so you don’t end up with frozen pipes. In the summer, especially here in Georgia, you want the air conditioning running because you don’t want humidity building up inside the house and creating mold problems.

I’d also recommend shutting the water off at the street if that’s possible.

You don’t want a vacant house sitting there with the water on and a pipe suddenly breaking or a leak developing.

I’ve had a couple of vacant houses flood before, and I’ve had pipes burst during the winter. It’s not fun to deal with, and it can be expensive to fix.

So, securing the house should be one of the first things you take care of.

What If You Don’t Live in Georgia?

If you inherited a house in Georgia but you don’t actually live here, you’ll want to find someone you trust who can periodically check on the property.

One thing a lot of people don’t realize is that homeowners insurance policies can have vacant-house exclusions.

You need to read your insurance policy and understand what it says about a property being vacant and how often the property needs to be checked.

If the house sits vacant for a certain period without anyone checking on it, the insurance company may consider it a vacant property, and your coverage could be affected depending on the terms of your policy. 

I’d have someone check on the property at least once a week or every other week.

It’s also a good idea to make sure that person can actually get inside the house if something needs to be checked or repaired.

One simple solution is a lockbox.

Put a key in a lockbox and only give the code to someone you trust. That way, if someone needs to get into the property, you don’t necessarily have to drive over there and meet them.

What Happens to the House After Someone Dies?

Once you’ve secured the property, the next question is usually:

What are you actually supposed to do with this house?

Well, that depends on the situation.

If there’s a mortgage on the property, the mortgage still needs to be dealt with. Property taxes are still due as well.

But before you can start making decisions and taking action on behalf of the estate, you generally need to deal with the probate process.

In Georgia, if there is a will, the will typically needs to be submitted to the probate court.

If There Is a Will

If there’s a will and you’re named as the executor, you may need to petition the court for Letters Testamentary.

These letters are important because they give you the authority to act on behalf of the estate.

Until you have that authority, you generally can’t just walk in and start selling the deceased person’s property, moving money around, or handling other estate matters as though the property already belongs to you.

That’s one of the biggest things people need to understand when they inherit a house in Georgia.

If There Is No Will

Now, what happens if there isn’t a will?

That’s called intestate.

In that situation, a representative of the estate becomes the administrator, and they’ll need to petition the probate court for Letters of Administration.

Once those letters are issued, the administrator has the authority to act on behalf of the estate.

That can include things like selling the property, contacting creditors, and handling money belonging to the estate. 

Need Help With an Inherited House in Georgia?

If you’re dealing with an inherited house in Georgia and trying to figure out what your options are, we’d be happy to talk with you about it. Simply fill out the form on this page. A member of our team will be in touch with you as soon as possible.

What Happens While Probate Is Being Handled?

This is where things can get a little complicated.

Who is responsible for the estate while everything is being handled?

In many cases, there’s a period where things are essentially in limbo because nobody has the legal authority to act on behalf of the estate until the appropriate letters have been issued.

I actually ran into a version of this situation recently with my grandfather’s estate.

A Real-Life Example From My Grandfather’s Estate

My grandfather passed away a few months ago, and I’ve been helping my aunt through the probate process.

She was named as the executor in his will.

Before he passed away, my grandfather told her that his will was in his safe deposit box at the bank. He gave her the key and told her where the will was.

There was just one problem.

He forgot to add my aunt as an authorized person on the safe deposit box.

So my aunt went to Wells Fargo, where he banked, and tried to access the box.

They wouldn’t let her in because her name wasn’t on the authorized-person list.

She then had to go to the court and petition for permission to open the safe deposit box.

She explained that they believed the will was inside and that she was the person named as executor.

It took a couple of weeks, but the court eventually granted her a letter that she could take to the bank.

She took that to the bank, they allowed her to access the safe deposit box, and thankfully, the will was actually in there.

We then submitted the will to the court, and now we’re going through the process of probating it.

The whole thing takes time.

We started the process back in June, and by the beginning of August, we were still working through it. 

So if you’re dealing with an inherited property and thinking, “Why is this taking so long?” — that’s just part of the process sometimes.

Can You Sell an Inherited House Before Probate Is Finished?

There can be situations where you may be able to sell real property before the entire probate process is completed.

For example, let’s say there’s a foreclosure looming on the property and the probate process isn’t going to be completed quickly enough to get the property sold.

In certain circumstances, you can petition the court for a leave to sell real property.

Basically, you’re asking the court for permission to move forward with the sale because there’s a reason the property needs to be sold before probate is completely finished.

We’ve used this type of process in situations where a foreclosure was approaching and time was important.

In one situation, our real estate closing attorney, who also has experience with probate, helped the seller or estate file the appropriate petition. That allowed us to move forward with the sale and get the property closed while the rest of the probate process continued.

Again, this is something you should discuss with a qualified probate attorney because the circumstances of every estate are different. 

What Are Your Options for an Inherited House in Georgia?

Once you’ve dealt with the immediate issues surrounding the property and understand where you are in the probate process, you still have to decide what you want to do with the house.

And if you decide you want to sell the inherited house, you generally have a couple of options.

Sell the House Traditionally

The first option is to list the property with a real estate agent.

That’s the traditional route most people think about when they think about selling a house.

You put the property on the market, find a buyer, negotiate the sale, and go through the traditional closing process.

Sell the Inherited House to an Investor

The other option is to sell the property directly to an investor.

I happen to be both a licensed real estate agent and a real estate investor, so I’ve worked with sellers on both sides of that equation.

Depending on your situation, you may want to explore both options before deciding what makes sense for you.

The important thing is understanding what your choices are.

Someone Died and Left You a House in Georgia. What Should You Do Next?

If someone died and left you a house in Georgia, there are a few major things to think about:

1. Secure the property.
2. Make sure the utilities and water are handled appropriately.
3. Understand your insurance policy if the house is vacant.
4. Determine whether there is a will.
5. Understand where you are in the Georgia probate process.
6. Make sure the appropriate Letters Testamentary or Letters of Administration are in place when required.
7. Talk with an attorney if you need to take action before probate is complete.
8. Decide whether you want to sell the house traditionally or explore selling it to an investor.

There can be a lot to figure out when someone passes away and leaves you a property.

You don’t necessarily have to make every decision immediately, but you do want to understand what needs to happen and what your options are.

Want to Sell an Inherited House in Georgia?

If you’ve inherited a house in Georgia and you’re trying to figure out what to do with it, we’d be happy to talk with you.

You can either sell the property through the traditional route by listing it with an agent, or you can explore selling it directly to an investor like me.

If you’d like to talk through your situation, fill out the form on the page. A member of our team will get in touch with you as soon as possible.

We can talk about the property, your situation, and the different options available to you.