Selling a Deceased Parent’s Home

Selling a deceased parent’s home is never a happy experience. 

A lot goes into it and for many of our clients, it can be an emotional rollercoaster.

Between going through the personal items in the home, handling the legal process, listing the home, and finally attending the closing, it can feel emotionally draining and overwhelming.

In this article, I’m going to simplify the main parts, so you know what is typically involved.

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

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.

Selling a deceased parent’s home requires at least three important steps to be completed.

First, in most situations an estate must be opened with the probate court. 

The reason for this is that until the estate is opened, and an executor or administrator is appointed, no one has the legal authority to sell the property, sign a sale agreement, or sign a deed transferring title.

Second, once the estate is opened, it will be important to handle the personal effects left in the home.

If things are peaceful in the family, our team typically recommends the following process to our clients:

  1. Let each family member select the items they would like to keep.
  2. Hold an estate sale to sell as many of the remaining items as possible. 
  3. Donate remaining items to charity or dispose of them through a junk removal company.
Related Topic:  How To Keep An Estate Peaceful

Once the estate is opened and the personal effects have been handled, the property is ready to be listed for sale.

Given the time commitments involved in preparing and showing the home, we typically recommend asking a real estate agent to help.

If the home is in a severe state of disrepair, there are investors who will buy the property as is.

Obviously, the price will usually be lower using that method, but the closing will often happen quickly.

It is important to keep in mind that if there is a mortgage, it must be paid each month while you are working towards the sale of the property.

If the mortgage is not paid, the bank may still elect to foreclose on the home even though the borrower has passed away. 

Next Steps: 

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

If you are in a situation where you have concerns about the Georgia Probate process, 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.