What are some questions YOU may have about the Georgia Probate process?
How does selling a house in Probate work?
Probate process is a legal process that settles the debts and assets of a deceased person and formally passes their property’s legal title to the intended heirs. A house in probate is inherited by an heir by the direction of the will or sold to settle the estate.
How long does it take to probate a house in Georgia?
Completing the probate process of a house takes at least two months if there are no issues. Issues that cause the probate to take longer include; Multiple heirs inheriting from the estate, not having a properly executed will, heirs living a long way from the location of the deceased person or disputes with the assets of the estate.
What happens if there is no Will?
An estate can still be probated if there is no Will. In a Will, the deceased person selects a person known as the Executor. If there is no Will, the family agrees on a person to be an administrator of the estate and the local probate judge signs off on this person. If the family can not agree, the judge will appoint an administrator to execute the probate duties.
What if the House upside down?
If the house is worth less than owed on the mortgage, selling the house may become difficult. Selling may cost the estate valuable resources for paying other debts. The link above shows other options that may be helpful.
Am I entitled to inherit the house from the estate?
That depends. Who are you? What does the will say? The probate process of a house goes by the Will in accordance with the Georgia statute first. If there is no Will, the family (approved by the probate Judge) will decide who gets the house and other assets per the Georgia statute.
What if someone violates the terms of the Will?
A valid Will has to be followed unless it violates the Georgia Probate law. If the will is not being followed, the other heirs or beneficiaries may petition the probate judge to settle the dispute.