Do All Heirs Have To Agree To Sell Property In Georgia? 5 Important Exceptions

Do All Heirs Have To Agree To Sell Property In Georgia

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: 

  • what happens when you inherit property
  • what happens when all heirs do not agree to sell
  • how to sell an inherited property
  • how to handle disagreements about selling

Let’s dig in.

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The Basics of Inherited Property in Georgia

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.

What Happens When Property is Inherited?

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.

Do All Heirs Have To Agree To Sell Property In Georgia?

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.

Exceptions and Legal Actions

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: 

  • Filing a Complaint: One or more co-owners file a lawsuit in court.
  • Service of Process: All other co-owners are notified of the action.
  • Court Decision: The court decides whether to divide the property (partition in kind) or sell it (partition by sale).
  • Partition in Kind: The property is physically divided among co-owners if feasible.
  • Partition by Sale: If division is impractical, the property is sold, and proceeds are distributed among co-owners.

The Steps To Selling Heir Property

  1. Heirs’ Agreement: All heirs must agree to the sale.
  2. Executor’s Role: The executor lists the property with the heirs’ consent.
  3. Appraise Property: Get a professional appraisal.
  4. Clear Title: Resolve liens and legal issues.
  5. Prepare for Sale: Make necessary repairs and improvements.
  6. List Property: List and market the property.
  7. Review Offers: Evaluate and negotiate offers.
  8. Accept Offer: Heirs sign the sale documents.
  9. Close Sale: Transfer title and distribute proceeds.

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.

Get Help From A Probate Lawyer

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: 

  • personally financially liable
  • accidentally breaking the law
  • filling out the paperwork wrong
  • not notifying or paying off creditors
  • dealing with disputes among family and partners

Fill out the form to take this off your plate.

Get Your Free Probate Petition

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.

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Name*

What Areas We Serve For Probate

Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.