Selling an Inherited House in Georgia: Year's Support, Probate & Tax Guide

Inheriting a house in Georgia is often bittersweet — the home represents a loved one, but it also comes with probate paperwork, unfamiliar tax questions, ongoing costs, and decisions you didn't ask for. If you live out of state, or if siblings disagree on what to do, the complexity compounds fast.

This guide walks through how Georgia's probate process actually works, the state's unique "year's support" rule (which exists in almost no other state), the federal stepped-up basis that usually eliminates capital gains tax, the carrying costs that quietly drain the estate every month, and your three realistic options for selling. Propcash is not a law firm — for probate-specific questions, consult a Georgia-licensed attorney. But the information here will make those conversations more productive.

How Georgia's Probate Process Works

Georgia handles probate at the county level. There are 159 Probate Courts — one in each county — and the court that has jurisdiction is the one where the deceased was a legal resident at the time of death. If your loved one lived in Atlanta, the case goes to Fulton County Probate Court. If they lived in Savannah, it goes to Chatham County. If they owned property in Georgia but lived elsewhere, ancillary probate may be required in the county where the property sits.

The two main paths through Georgia probate are solemn form and common form. Solemn form requires formal notice to all heirs and is binding — once probate is closed, heirs cannot later contest it. Common form is faster and cheaper but leaves a four-year window during which an heir could challenge the will. Most estates with real property use solemn form because it gives buyers and title companies the certainty they need to close.

When a will exists, the court issues Letters Testamentary to the named executor. When there is no will (intestate), the court appoints an administrator and issues Letters of Administration. Either document gives the personal representative legal authority to act on behalf of the estate — including signing a deed to sell real property. Without those Letters, no sale can close.

Georgia's Unique "Year's Support" Rule

This is the part of Georgia probate law that surprises almost everyone — and that most competitors don't cover. Under O.C.G.A. § 53-3-1 et seq., a surviving spouse or minor children can file a Petition for Year's Support in Probate Court. If granted, the court awards property from the estate sufficient to maintain them for one year — and that award takes priority over almost all creditors and other heirs.

In practice, Year's Support is often used to transfer the family home directly to a surviving spouse without going through full probate administration. Because it sits above most creditor claims, it can even protect the home from unsecured debts of the deceased. No other state has a rule quite like it — it's a holdover from Georgia's common law tradition that has survived multiple recodifications.

If you're a surviving spouse or the guardian of minor children and you're trying to sell an inherited Georgia home, a Year's Support petition may be faster and cheaper than full probate. If you're an adult child or sibling in the same estate, a Year's Support award by another heir will affect what you inherit — which is why a Georgia probate attorney is essential anytime Year's Support is on the table.

Can You Sell Before Probate Closes?

Yes. You do not need to wait for probate to close before listing or selling an inherited Georgia home. Once the Probate Court has issued Letters Testamentary (will exists) or Letters of Administration (no will), the personal representative has legal authority to enter into a sales contract and deed the property at closing. Many Georgia estates sell the house within the first 60-90 days of probate — well before the final accounting is filed.

Two things can complicate this. First, if the will requires court approval for a sale, the personal representative has to file a petition and get an order before closing. Second, if multiple heirs hold title jointly (for example, three siblings who inherited equal shares), all of them must sign the deed at closing. Disagreement among heirs is the single most common reason inherited home sales stall in Georgia.

Federal Tax Benefit: Stepped-Up Basis

When you inherit a house, your cost basis for federal tax purposes is not what the deceased originally paid. It's the fair market value of the home on the date of death. This is called a "stepped-up basis," and for most heirs it's the single most valuable tax benefit in the U.S. code.

Here's a concrete example. Your parent bought a home in Marietta in 1988 for $95,000. They passed away in 2026 when the home was worth $420,000. The IRS treats your cost basis as $420,000, not $95,000. If you sell the home for $425,000, your taxable capital gain is $5,000, not $330,000. On a sale at or near fair market value, most heirs pay little to no federal capital gains tax.

Two important notes. First, Georgia has no state estate tax or inheritance tax — so there's no state-level tax for heirs to worry about (the state repealed its estate tax in 2005). Second, the stepped-up basis applies only if you sell at or near fair market value. If the home appreciates significantly between the date of death and when you sell, the gain above the stepped-up basis is taxable at long-term capital gains rates. This is another reason heirs who don't want to be landlords tend to sell quickly.

Carrying Costs Add Up Fast

An empty inherited home is not free. Every month the estate holds the property, it spends money on taxes, insurance, utilities, yard maintenance, HOA dues if applicable, and any mortgage payment that continues. In metro Atlanta, the realistic monthly carrying cost for a typical $380,000 inherited home looks like this:

Over a typical 6-month probate-and-listing cycle, that's $4,000-$9,000 in carrying costs alone — money that comes directly out of the estate's eventual proceeds. A standard homeowners policy also won't fully cover an unoccupied home, so most estates switch to a vacancy policy with higher premiums. Counties in Georgia will continue levying ad valorem property tax even on empty inherited homes, and if those taxes go unpaid for a year the property can be referred for a tax sale.

Your Three Options for Selling

Option 1: Traditional Listing

Best if the home is in good shape, located in a desirable intown or suburban neighborhood, and you have time to wait. Expect 3-6 months from prep to close. You'll need to clean out personal property, possibly complete repairs, stage the home, host showings, and pay 5-6% in agent commissions. Net proceeds are typically highest if you can wait out the listing cycle, but every month of holding costs erodes the advantage.

Option 2: Single "We Buy Houses" Cash Buyer

A local investor makes a single take-it-or-leave-it offer, typically 55-70% of fair market value. Closing can happen in 7-14 days. No repairs, no showings, no cleaning. The downside is obvious: one offer, no competition, and these operators know they often have the only realistic path forward for out-of-state heirs and will price accordingly.

Option 3: Cash Marketplace (Multiple Competing Offers)

Submit the property once and distribute it to a network of vetted Georgia investors who compete for it. You receive multiple offers within 24-48 hours, pick the best one, and close in 7-14 days. Marketplace offers typically net 15-30% more than a single-buyer lowball because competition drives the price. This is why Propcash exists — it preserves the speed of a cash sale while fixing the single-buyer problem.

Out-of-State Heir Challenges

A large percentage of Georgia inherited homes are owned by heirs who live somewhere else. If that's you, the math shifts decisively toward a cash sale. Flying back to Georgia for cleanouts, contractor meetings, showings, and a closing eats vacation days and costs more than most heirs realize. Remote probate is manageable when the estate attorney handles filings, but remote home preparation is hard.

Cash sales solve this in three ways. First, the property is sold as-is, so there's no repair or cleanout coordination. Second, the closing is handled by a Georgia title company through a mail-away package or remote online notarization — you never fly down. Third, proceeds wire directly to the estate account so siblings can split them per the will or intestate succession rules.

The Bottom Line

Selling an inherited house in Georgia is almost always a time-versus-money tradeoff. If you have time, a traditional listing usually nets the most. If you have out-of-state heirs, disagreement among siblings, repair concerns, carrying costs eating into proceeds, or you just want to be done, a cash marketplace sale is typically the highest-net, lowest-hassle option. Propcash can have your inherited property in front of multiple vetted Georgia investors within 24 hours with no fees and no obligation to accept any offer.

Data Sources: Official Code of Georgia Annotated (O.C.G.A.) Title 53 (Wills, Trusts, and Administration of Estates), Georgia Council of Probate Court Judges, IRS Publication 559 (Survivors, Executors, and Administrators), IRS Publication 551 (Basis of Assets), Georgia Department of Revenue. Propcash is a marketplace, not a law firm, and does not provide legal or tax advice. Heirs should consult a Georgia-licensed probate attorney and a tax professional for case-specific guidance.