Suburban street in Atlanta, Georgia
Inherited Property

How to Sell an Inherited House in Georgia: A Step-by-Step Guide

Inheriting a house in Georgia can feel like a burden as much as a blessing. Maybe the property needs significant repairs. Maybe it's across town — or across the state — and you don't have the time or money to deal with it. Maybe multiple family members inherited the home together and nobody can agree on what to do next.

Whatever your situation, this guide walks through every step of selling an inherited house in Georgia: the probate process, tax implications, your selling options, and how to move forward without unnecessary stress or expense.

What Happens When You Inherit a House in Georgia

When someone passes away and leaves you a property in Georgia, you don't automatically own it free and clear. Before you can sell the house, the property must be legally transferred to you — and how that happens depends on how the deceased person held the title and whether they left a will.

Here are the most common scenarios:

  • There's a will naming you as beneficiary. The will must go through probate court to be validated. Once the court appoints you (or the named executor) as the personal representative, you gain legal authority to manage and sell the property.
  • There's no will (intestate). Georgia's intestacy laws (O.C.G.A. Title 53) determine who inherits. The probate court will appoint an administrator to manage the estate, and the property passes to the legal heirs.
  • The property was held jointly with right of survivorship. If the deceased owned the home with a surviving spouse or co-owner under a joint tenancy with right of survivorship, ownership transfers automatically. Probate isn't required for the property itself.

For the majority of inherited homes in Georgia, probate is required before you can sell. Understanding the probate process — and your alternatives — is the first step.

Georgia Probate: Full Probate vs. Affidavit of Heirship

Georgia offers two primary paths to transfer ownership of an inherited property: full probate and a simplified process using an affidavit of heirship.

Full Probate

Full probate is the standard process for estates with a will or estates large enough to require court oversight. Here's how it works:

  1. File the will (if one exists) with the probate court in the county where the deceased lived.
  2. Petition for Letters Testamentary (with a will) or Letters of Administration (without a will). These letters give you the legal authority to act on behalf of the estate.
  3. Notify creditors and heirs. Georgia law requires you to publish a notice to creditors in the county legal organ and notify all known creditors and heirs directly.
  4. Inventory the estate. File a list of all estate assets, including the inherited property and its estimated value.
  5. Pay debts and taxes. The estate must settle outstanding debts, including the mortgage (if any), property taxes, and final income taxes.
  6. Distribute assets. Once debts are paid and the waiting period has passed, the court authorizes distribution of remaining assets — including selling the property if needed.

Timeline: Georgia probate typically takes 6 to 12 months, though simple estates can move faster and contested estates can take much longer.

Affidavit of Heirship (The Simplified Path)

If the estate is small enough and meets certain criteria, you may be able to skip full probate entirely using an Affidavit of Heirship under O.C.G.A. Section 53-2-40.

An affidavit of heirship is a sworn legal document that identifies the deceased person's heirs and their right to the property. It's filed with the county clerk's office and, once recorded, can be used to transfer the property title.

When an affidavit of heirship works:

  • The estate is relatively small and straightforward
  • There are no disputes among heirs
  • There's no will — or the will is simple and uncontested
  • The primary asset is the house itself

When you need full probate instead:

  • The estate has significant debts or creditors
  • Multiple heirs disagree about how to handle the property
  • The will is contested
  • There are complex assets beyond the real property

An affidavit of heirship can save you months of time and thousands in legal fees. If you think your situation qualifies, consult a Georgia probate attorney to confirm.

Cost to Probate a Will in Georgia

Probate costs in Georgia vary by county and estate complexity. Here's a general breakdown of what to expect:

ExpenseEstimated Cost
Probate court filing fees$200–$300
Publication of notice to creditors$50–$150
Certified copies of Letters Testamentary$5–$25 per copy
Probate attorney fees$2,000–$7,000+
Executor/administrator bond (if required)Varies by estate value
Total estimated cost$2,500–$8,000+

Attorney fees represent the largest cost. Simple, uncontested estates fall on the lower end, while estates with multiple heirs, disputed wills, or significant debts can push fees well above $7,000. Some attorneys charge a flat fee for straightforward probate, while others bill hourly.

If you're using an affidavit of heirship instead of full probate, your costs may be as low as $200–$500 for the document preparation and recording fees.

Tax Implications of Selling an Inherited House

This is the question every heir asks — and the answer is usually better than you'd expect.

Stepped-Up Basis

When you inherit a property, your tax basis (the value the IRS uses to calculate capital gains) is "stepped up" to the property's fair market value on the date the person died — not what they originally paid for it.

For example, if your parent bought the house for $80,000 thirty years ago and it was worth $250,000 when they passed, your stepped-up basis is $250,000. If you sell it for $260,000, your taxable capital gain is only $10,000 — not $180,000.

This stepped-up basis is one of the most significant tax advantages of inherited property. It can dramatically reduce or even eliminate your capital gains tax.

Capital Gains Tax

If you sell the inherited property for more than its stepped-up basis, the profit is subject to capital gains tax. Federal long-term capital gains rates range from 0% to 20% depending on your income level. Georgia state capital gains tax is 5.49% (the standard income tax rate).

If you sell relatively soon after inheriting — before the property appreciates much beyond the stepped-up value — your capital gains tax liability may be minimal or zero.

Property Taxes

While you hold the inherited property, you're responsible for property taxes. Georgia property taxes are assessed annually, and if the previous owner had a homestead exemption, that exemption is removed once ownership transfers. This can mean a noticeable jump in the tax bill.

The longer you hold the property without selling, the more you'll pay in property taxes, insurance, maintenance, and utilities. These carrying costs add up quickly, especially on a vacant home.

Three Options for Selling an Inherited House in Georgia

Once you have the legal authority to sell (through probate or an affidavit of heirship), you have three primary options.

1. List with a Real Estate Agent

You can hire an agent to list the inherited property on the MLS and sell to a traditional buyer.

Pros:

  • Potentially the highest sale price, especially if the home is in good condition
  • The agent handles marketing, showings, and negotiations

Cons:

  • Agent commissions cost 5–6% of the sale price
  • You may need to invest in repairs, cleaning, and staging to attract buyers
  • The process typically takes 60–90 days from listing to closing
  • If the home needs significant work, it may sit on the market for months

2. Sell For Sale By Owner (FSBO)

You handle the sale yourself — marketing, showings, negotiations, and paperwork.

Pros:

  • No agent commission
  • Full control over the process

Cons:

  • Time-consuming, especially if you don't live near the property
  • Limited buyer pool without MLS exposure
  • Legal and paperwork complexity — especially for estate sales
  • Still requires the property to be show-ready

3. Sell to a Cash Home Buyer

A cash buyer like Vlancia Home Buyers purchases the property in its current condition. No repairs, no cleaning, no showings. This is often the ideal option for inherited properties — particularly those that have sat vacant, need significant work, or involve multiple heirs who want to resolve the situation quickly.

Pros:

  • Close in as little as 7–14 days
  • No repairs, no cleaning out the house, no staging
  • No agent commissions or seller-paid closing costs
  • Certainty — no financing contingencies or deals falling through
  • Simple process, especially when coordinating among multiple heirs

Cons:

  • A fast cash offer is typically below full retail market value

What makes Vlancia different: We give you two paths to sell, not just one. Our Fast Cash option is ideal when you need to close quickly or the property needs too much work to list. Our Maximum Value (Hybrid) option is for inherited homes with good bones — we fund all the repairs, stage the home professionally, and list it on the open market for full retail value. You pay nothing out of pocket and receive significantly higher net proceeds. The right path depends on the property's condition and your timeline.

Selling an Inherited House That Needs Repairs

Many inherited properties haven't been updated in years — or decades. The roof might be failing, the HVAC may be shot, and the inside might need a full renovation before any traditional buyer would consider it. When you factor in $30,000 to $80,000 in potential repair costs, plus months of carrying costs while you renovate, selling as-is starts to look like the smartest financial decision.

At Vlancia Home Buyers, inherited properties make up a significant portion of the homes we purchase in metro Atlanta. We've bought houses with decades of deferred maintenance, homes that have been vacant for years, and properties where multiple family members just needed the situation resolved.

We understand the emotional weight of selling a family home. Our team treats every homeowner — and every family — with respect and patience throughout the process.

Ready to Sell Your Inherited Property in Georgia?

If you've inherited a house in Georgia and you're trying to figure out your next step, we can help. Whether the property needs work, you're navigating probate, or you just want to understand what the house is worth, there's no cost and no obligation to get a conversation started.

Get your free cash offer from Vlancia Home Buyers. We'll walk you through your options and give you a fair price — no pressure, no games.

Or call us directly at (404) 490-1526. We're a local, family-owned Atlanta company that's BBB A+ rated and Bloomberg featured. We respond within 24 hours.

Learn how our process works step by step.

Share:

Ready to Sell Your Atlanta House?

Get a free, no-obligation cash offer today. No repairs, no fees, no commissions. We close on your timeline.

Get My Free Cash Offer →

Or call us directly: (404) 490-1526

Get Your Free Cash Offer

No obligation. No pressure. 100% free.

By submitting, I consent to receive text messages from Vlancia Home Buyers about my property inquiry. Message frequency varies. Msg & data rates may apply. Reply STOP to opt-out. Privacy Policy · SMS Terms

We respond within 24 hours