Selling an Inherited House in Georgia
Yes, you can sell an inherited house in Georgia once it's clear who holds title. A transfer-on-death deed (allowed since mid-2024) or a deed with express survivorship wording may already make it yours. If not, the estate's personal representative sells it, or the heirs sign together after the estate distributes it. Then come the practical questions: insurance, taxes, what the house is worth in its current shape, what your siblings want, and whether to keep it, rent it, fix and list it, or sell it as-is.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
For Georgia heirs deciding what to do with a house they now own or will soon. General information, not legal or tax advice.
Who Owns It Right Now?
- Transfer-on-death deedThe beneficiary named in a recorded TOD deed takes the house at death. (O.C.G.A. § 44-17-1 and following)
- Survivorship deedOnly if the deed spells out survivorship. Otherwise co-owners are tenants in common and the deceased owner's share goes through the estate. (O.C.G.A. § 44-6-190)
- TrustThe trustee handles it under the trust's terms.
- Through the estateThe personal representative controls it until it's sold or deeded to the heirs. (See How to Sell a House in Probate in Georgia.)
A surviving spouse or minor child may also claim a year's support, which can give them the house ahead of creditors and other heirs. (O.C.G.A. § 53-3-1)
The First Few Weeks
- Call the insurer and get the policy into the right names.
- Find the mortgage statement, the latest tax bill and any HOA account.
- Figure out who has legal authority to sign.
- Change the locks and set up regular checks.
- Ask every heir, honestly, what they want.
Family Land That Was Never Probated
In much of Georgia, a house can sit in a grandparent's name for decades while children and grandchildren live in it or pay the taxes. That's heirs' property. Each heir owns a fractional share, and no one can sell the whole thing without the others or a court process. If that's your situation, a title search and a Georgia attorney come first; sorting out the heirs can take time, but it's usually fixable.
Want a Number to Compare Against?
Tell me about the house and who's involved. I'll give you an as-is number everyone can look at, and tell you if listing would be better.
Four Paths for an Inherited House
Live in It
The homestead exemption belonged to the person who died. If you move in, apply for your own with the county tax assessor by the deadline, or the next bill may be higher.
Rent It Out
Georgia's 2024 Safe at Home Act added a habitability warranty, a cap on deposits and a three-day notice before an eviction filing. (See Selling a House With Bad Tenants in Georgia.)
Fix It and List It
Usually the top price if the heirs agree on a budget and the house will appraise and inspect well.
Sell As-Is
If the roof, HVAC or plumbing are near the end, or the house is still full, an as-is sale skips all of it. For the fewest moving parts, sell it as-is to a real estate investor. There are no strangers walking through, no contractors to hire, nothing to box up or haul off, and the closing lands on the date you choose. Dennis Buys Houses means it when we say no clean-out. Set aside whatever you want to keep and leave the rest where it sits. We handle it from there, and anything that looks personal or valuable gets returned to you.
What Is It Actually Worth?
The county assessor's number is a tax figure, not a market price. Look at recent sales of similar houses close by, then be honest about the condition: roof, HVAC (which works hard in a Georgia summer), plumbing, electrical, foundation and any moisture or termite damage. In Cobb and Gwinnett, subdivision and school zone can matter as much as the house itself.
What You Have to Tell a Buyer
Georgia has no statute requiring a seller disclosure form, but a seller can't conceal a defect they know about. Heirs who never lived in the house can say so on the form, and an as-is buyer who does their own inspection takes on more of that risk.
Going Through the Belongings
Pull out papers, photos, jewelry and anything sentimental first. The rest can go to family, an estate sale or donation, or simply stay with the house in an as-is sale.
When You Share It With Siblings
- Sell it togetherPut the price, who's in charge and how expenses come out of the proceeds in writing.
- Buy someone outUse an appraisal or an agreed number, and line up the financing first.
- One sibling living thereAgree on who pays what and set an end date.
- DeadlockedAny co-owner can file to partition the property, which can end in a court-ordered sale.
What Starts the Clock
Georgia counties set their own tax due dates; Gwinnett's 2026 bills were due November 15. Unpaid taxes become a lien, then a tax execution, and a county can schedule a tax sale on the first Tuesday of the month. (See Selling a House With Delinquent Property Taxes in Georgia.) A mortgage that goes unpaid can be foreclosed out of court on a first Tuesday, too. (See Selling a House in Foreclosure in Georgia.) And an empty house needs the right insurance. (See Selling a Vacant House in Georgia.)
Taxes When You Sell
Heirs generally take a tax basis equal to the value on the date of death, so a sale soon afterward often shows little gain. Get a date-of-death appraisal. Georgia has no inheritance tax, though it does have a state income tax, so ask a tax professional about your numbers.
Selling From Another State
Georgia closings are handled by closing attorneys, and many can send documents for you to sign where you live. The harder part is keeping an eye on the house from a distance through summer heat, storms and the occasional hard freeze.
When Finished Beats Top Dollar
After his father passed, a seller who lived far away asked me to buy the house he grew up in. It was older but in decent shape, and I told him plainly, more than once, that an agent would likely get him more. He sold to me anyway because closing the chapter mattered more than squeezing out the last dollar. He didn't even fly in for closing; his money was wired. I'll always show you both numbers and let you decide. (The whole story is on my About page.)
Common Mistakes With Georgia Inheritances
- Leaving the insurance in the deceased owner's name.
- Reading "and" on a deed as survivorship.
- Ignoring heirs' property until a buyer's title search finds it.
- Moving in without filing your own homestead exemption.
- Letting a tax execution turn into a tax sale.
- Agreeing on a sale without agreeing on how to split the costs.
Where I Fit, and Where I Don't
Georgia heirs usually call me when the house needs major repairs, is still packed with belongings, has title or heirs' property questions, or they live out of state.
There's also nothing to empty out for Dennis Buys Houses. Whatever you'd rather not deal with stays, and it becomes our job.
If the house is updated and the family agrees on listing it, an agent will likely get you more, and I'll say so.
Whichever way it shakes out, I'll tell you upfront whether I'm the right fit.
A Seller Who Inherited a House
“Thank you for contacting me. I didn’t know what I was going to do with this house since it wasn’t in any condition to list with a realtor.”
Read more reviews from homeowners I've worked with
Frequently Asked Questions
Sometimes. A TOD deed or survivorship deed may skip probate, and a personal representative with the right powers can sell while the estate is open.
Property that passed to several relatives without probate, often over generations. Each heir owns a share, so title has to be sorted out before a full sale.
No. With an as-is sale, take what matters to you and leave the rest. Dennis Buys Houses handles what's left.
Often very little on a quick sale because of the step-up in basis. Georgia has no inheritance tax.
There's no required state form, but you can't conceal known defects. Heirs can disclose that they never lived there.
Any co-owner can ask the court to partition the property, which can lead to a sale. Most families settle before that.
Your county probate court, tax assessor and tax commissioner all post records and forms online. Key statutes: O.C.G.A. § 44-6-190 (survivorship) and O.C.G.A. § 44-17-1 and following (transfer-on-death deeds).
Georgia Selling Guides
- How to Sell a House in Probate in Georgia
- Selling a Vacant House in Georgia
- Selling a House With Bad Tenants in Georgia
- Selling a House in Foreclosure in Georgia
- Selling a House With Delinquent Property Taxes in Georgia
Inherited a Georgia House You'd Rather Not Manage?
Tell me where it is and who's involved. You'll get a straight as-is number, and if a listing or a family buyout is the smarter move, I'll tell you.