Selling a home after the owner dies

On Behalf of | May 4, 2020 | Firm News

When an individual who owns a home in Georgia passes away, the executor of the person’s estate may be responsible for selling that property. Prior to selling the home or other assets, it may be necessary to ensure that the estate executor has settled the deceased person’s debts. If the person who wishes to sell the house is not the executor of the estate, it may be necessary to obtain the executor’s permission to put it on the market.

If the deceased individual didn’t leave a will, there may be some question as to who a home belongs to. In such a scenario, a judge might need to make a ruling before the house can be put on the market or sold. If there is a will, the executor of the estate may need to begin probate proceedings so that he or she can obtain formal oversight of the sale.

It is important to consider how the home will be sold and if any improvements will be made to it before a sale is completed. Beneficiaries who inherit a home may choose to sell it at an auction for a discounted price in an effort to attract a buyer as quickly as possible. After the home has been sold, it may be necessary to pay sales taxes on top of any estate taxes already paid.

Those who have questions about wills and probate proceedings may benefit from consulting with a legal professional. An attorney may be able to determine who has the right to sell a home and when it may be possible to do so. Legal counsel may also be able to work with a probate court to ensure that the transaction occurs in a timely manner and in compliance with state or federal laws.