The process of selling the home of a deceased loved one
Posted in Uncategorized on June 20, 2023When a loved one dies, it can be difficult to think or function due to the mourning process. However, at some point the heirs of the loved one’s estate must appoint an executor to take care of the necessary business involved with the property. If the heirs don’t appoint someone as executor, the probate court will do so.
How long does an executor have to sell a house in Georgia?
If you are a beneficiary of an estate in Atlanta, you may be asking yourself, “How long does an executor have to sell a house in Atlanta?” The answer is, “It depends.” In Georgia, there’s no formal time limit for selling an inherited house and distributing the assets to the heirs. However, the executor is expected to act in a timely manner.
It could take anywhere from half a year to several years to complete the task, depending on the situation. If an heir feels that the executor is lagging in taking care of the matter, the first line of action is to discuss this with the executor. If that doesn’t result in positive changes, you may have to legally dispute it.
What is an executor and what are their duties?
The executor of a deceased person’s estate must follow the directions of the departed’s last will and testament. If the deceased has left no will, the executor must abide by the laws of the state and local jurisdiction to lawfully resolve the estate.
You may be wondering, “What is an executor in Atlanta expected to do?” Primarily, the executor must first file the deceased’s will in probate court, determine the legal heirs and any debts or assets the deceased may have, resolve the debts, and take on the responsibilities of selling property and dispersing assets to the heirs, all while keeping up ongoing communication with probate court.
What is probate?
Probate is a process that the Fulton County Probate Court in Atlanta goes by to figure out the validity of a will—or in the absence of a will, the rightful heirs. The probate court lawfully appoints an executor or approves an executor that is appointed by the heirs.
This is a necessary and required process. “If the executor or person in possession of the will does not file it with the local probate court, “the probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered.” (Georgia Code § 53-5-5).
Problems with selling an inherited house in Atlanta
Aside from technicalities and legal aspects an executor must contend with, there is also the problem incurred if the estate (house) is in poor shape. Should the beneficiaries pay to have the house’s defects repaired before selling? Of course, this line of action requires time and money. If the executor lives a distance away from the property, is coping with deep grief and can’t function properly, or if the heirs want to sell the house quickly in “as is” condition, consider selling to a reputable cash house buyer.
If there is a disagreement between the heirs about selling the house, the beneficiary who wants to keep the house may buy out the other heirs, if this is agreeable to all parties. If the heirs don’t agree, one of the beneficiaries will have to file a petition for a partition action to have the court take control of the problem.
HomeVestors® is here to help with your inherited house.
Selling an inherited house to HomeVestors® in Atlanta is quick and easy. We buy houses in almost any condition, pay cash, and close fast. We’re a great solution when confronted with the problem of selling an inherited house that needs updates or repairs.
Simply contact us for a consultation. One of our friendly, local property specialists will meet you at your house, take a tour, and answer your questions. Quite often, we can give you a fair cash offer on the spot. If you accept the offer, the problems you’re facing with your inherited house are greatly minimized. We often close in as little as three weeks and pay cash. We’re America’s #1 home buyer and put an emphasis on great customer service. Our clients attest to that. Furthermore, we have a 96.1% customer satisfaction rating and have earned a stellar reputation since 1996, when we began buying houses. Contact us via our online form or call us at 866-200-6475 to learn more.