When someone dies, their real estate doesn’t automatically pass to heirs. Instead, the estate enters probate, which distributes the person’s assets through a court process. Real estate often stands out as one of the largest and most complex assets in probate. If you’re handling inherited property, you need to understand how probate affects it.
Property ownership and title transfer
Probate identifies the legal owner of the deceased person’s property. If a valid will exists, the court follows its instructions. Without a will, Georgia’s intestate succession laws decide who inherits. The court must approve any sale or transfer of property, which blocks changes to the title until probate ends. This restriction delays real estate transactions and plans.
What happens to mortgages and debts
Mortgage companies still require payments during probate. If the executor stops making payments, lenders may start foreclosure—even while the case moves through probate. The executor must use estate funds to manage payments and debts. If the estate lacks enough funds, the executor may need to sell the property. The estate also must resolve taxes, liens, or other property-related debts before transferring the title.
Selling property during probate
You may sell property during probate, but only after receiving court approval. This process requires legal filings and an official appraisal. Buyers sometimes hesitate because of delays or legal steps. Still, many estates sell property to generate funds for paying debts or distributing value to heirs. After the sale, the executor deposits the money into the estate account for further distribution.
Probate often delays efforts to live in, rent, or sell inherited property. Expect months of waiting, especially with complicated estates. Disagreements among heirs or will contests can stretch the timeline even further. If you understand the process, you can plan more effectively and reduce stress.
