Do all heirs have to agree to sell property in Georgia?
Yes, all heirs must agree to sell inherited property in Georgia.
But, a lot of times they don’t agree on this.
In this article, you’ll learn about:
Let’s dig in.
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The property gets passed down to heirs through the probate process.
There are two ways the property will get distributed:
The intestate laws prioritize spouses and children.
They inherit an equal split, with the spouse getting a minimum of ⅓ of the estate.
When a property is inherited, it transfers to the heirs per the will or state law.
The executor manages the estate and oversees the property transfer.
If multiple heirs inherit, they:
If they can’t agree, legal actions like a partition action can force a sale to resolve estate disputes.
In Georgia, all heirs must agree to sell inherited property.
This is because they all hold a legal interest in the property.
And, for the sale to happen, unanimous consent is required.
But there are exceptions to this when all heirs can’t agree on selling.
A partition action can force the sale if heirs can’t agree on selling a property.
Here is how partition actions work:
Remember, this is for when all heirs agree to sell the property.
When they don’t, the only difference is the partition action.
Otherwise, the process for selling the inherited property is the same.
Are you overwhelmed by the process of selling inherited property?
Our probate attorneys handle everything for you.
We specialize in taking as much as possible off your plate so that you are not:
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Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).
Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.
"*" indicates required fields
Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.