Answers to Common Questions and Situations

We know how complex and confusing probate situations can be, and did our best to organize an easy to follow knowledge base to help address some of your most pressing questions. Get in Touch
with our team if you still have questions or can’t find what you’re looking for.

How To Sell Property Without Expanded Powers In Georgia

As a personal representative, are you allowed to sell estate property on your own, or do you have to go to the court for permission first?

This is an important question with a complicated answer.

If you mess up, you could find yourself in hot water with the Georgia probate court.  In this article, we’re going to get to the bottom of it so you stay out of trouble.

My name is Erik Broel. I am the founder & CEO of Georgia Probate Law Group.

petition for leave to sell property georgia

At our firm, we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored.

As a personal representative, you have an obligation to handle the estate according to Georgia law.

As a result, whether you can sell estate property on your own depends upon whether the court granted you expanded powers when you were appointed.

What If You Don’t Have Expanded Powers?

When you serve without expanded powers, you are very limited in what you can do without court approval.

Even some of the most common tasks like selling an estate home or car require that you obtain permission with the court first.

To obtain that permission, you must file a petition for leave to sell with the probate court.

sell property georgia

In that petition, you will need to identify for the court:

  • What you would like to sell.
  • The reason you would like to sell it.
  • The proposed terms of the sale. (including price)

Once the petition is filed, the court will send formal notice to all heirs and/or beneficiaries to give them the opportunity to object to the petition for leave to sell.

If an objection is filed, then the court will order a hearing.

If no objection is filed, the court may or may not order a hearing, and may or may not approve the petition – it will depend on what the petition says and how the court feels about it.

Once an order is issued by the court on the petition, you must make sure to follow the terms of the order to the letter.

It is very common for the court to require you to make another filing showing the details of the sale transaction once the sale has been completed.

It is very important to remember that if you do not have expanded powers, then you cannot sell the property until the court gives you permission.

Since the petition to leave to sell process can take a month or two, you must plan ahead for when you want to sell property with that in mind.

These can be complicated issues. If you would like help, please reach out to our friendly team and we would be happy to assist you.

Next Steps:

Everything discussed in this article is for general information and is not legal advice.

If you are in a situation where you’re considering selling estate property, I recommend you reach out to our office at (770) 920-6030 to set up a consultation.

If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook so you know how the estate is supposed to be handled.

petition for leave to sell property


Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.

Schedule A Consultation Today

Compassionate listeners, knowledgeable guidance. Schedule a free consultation with our team and let us help you and your family with your legal concerns.

GET IN TOUCH 770-796-4685

Download the Georgia Probate Handbook.

Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.

First Name(Required)
This field is for validation purposes and should be left unchanged.


About the author

Erik J. Broel
Founder & ceo

Erik founded the firm in 2009. He sees it as his personal mission to demystify the process of handling an estate or trust, and to help people by making the complex estate process simple and accessible. He believes there is always a better way to do things, and loves finding new and innovative ways to deliver better, more effective service that solves the client’s key problem or issue, and improves the client’s life.

More about Erik
logos-image logos-image logos-image

© 2024 Georgia Probate Law Group by Broel Law, LLC. All rights reserved.