My mom died last year. She did not have a will and left a mortgage on her home. I have 2 brothers and we are all in agreement on selling the home and have a buyer. Can we do this in georgia without going before a probate court if we are all in agreement and present?
2 Answers from Attorneys
I am sorry for your loss. It is unfortunate that you have waited a year to do what was important a year ago. No you cannot sell the home without probate.
This will take a while so you may lose the buyer you have. See a lawyer in the morning.
No - you will need to go through probate if the land owned by your mother is in GA and she lived in GA at the time of her death. Claims against the estate have to be paid before the heirs get anything. Even if there are no claims and probate is not necessary, there can be a temporary administration and petition for a court order so that the property could be sold.
The person who lives closest to the county/state where your mother resided at the time of her death or where she owned land is where any legal action needs to take place. If you are all in agreement and if there are no or few claims the personal representative should be able to get this moving.
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