How to Sell Inherited Land in Georgia
Inherited Georgia land generally requires probate to establish legal authority for sale. Georgia probate is filed in the county where the decedent resided (O.C.G.A. §53-5-1). The executor or administrator gains authority to sell real property under O.C.G.A. §53-8-2. The federal stepped-up basis (IRC §1014) applies, meaning you pay capital gains only on appreciation above fair market value at the date of death.
Statutory framework
- 1
Probate Venue (O.C.G.A. §53-5-1)
Probate is filed in the county of the decedent's residence. If the decedent was not a Georgia resident but owned Georgia real property, probate may be filed in the county where the property is located.
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Power to Sell (O.C.G.A. §53-8-2)
The personal representative has authority to sell estate real property if granted by the will or authorized by the court.
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Stepped-Up Basis (IRC §1014)
The cost basis steps up to fair market value at date of death. Capital gains tax applies only to post-death appreciation.
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Compare your options
| Option | Timeline | Cost | Control |
|---|---|---|---|
| Direct sale to land buyer | 2-4 weeks after probate | No commissions or fees | Fast, certain closing |
| List with real estate agent | 6-12+ months after probate | 5-6% commission | Agent manages process |
| Keep the property | Ongoing | Property taxes, maintenance | Full ownership |
Georgia probate for inherited real property
Georgia probate for real property requires filing a petition in the probate court of the county where the decedent resided. The court appoints a personal representative (executor if named in the will, administrator if not) who has authority to manage estate assets. Selling inherited land requires the personal representative to either have express authority in the will or obtain a court order for sale.
Frequently asked questions
- Do I need probate to sell inherited land in Georgia?
- In most cases, yes. Probate establishes legal authority for the personal representative to transfer property. Georgia does not have a simplified "small estate" probate like some states, though estates may qualify for expedited processing if uncontested.
- How long does Georgia probate take?
- Uncontested Georgia probate typically takes 6 to 12 months. The personal representative can petition the court for authority to sell real property during this period.
- What is "year's support" in Georgia probate?
- Year's support (O.C.G.A. §53-3-1) allows a surviving spouse or minor children to petition for property from the estate for their support. This can affect the sale of inherited real property if claimed.
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