Georgia Probate Real Estate Sale Calculator

What decides whether a judge signs off on the sale

Under O.C.G.A. § 53-8-10, a personal representative may sell, lease, or exchange estate property in the estate's best interest — but only within the limits the will, a court order, or Georgia law actually allow. In practice, that means one thing decides almost everything: does the will grant the executor Power of Sale? If it does, the sale can proceed much like an ordinary closing — list, negotiate, accept, close. If it doesn't, or there's no will at all, the personal representative generally has to file a Petition of Personal Representative for Leave to Sell Property under § 53-8-13, with notice to every heir and beneficiary before the sale can close.

The commission math a sale quietly changes

Georgia's statutory executor commission under O.C.G.A. § 53-6-60 is based on cash moving through the estate, not on what the property is worth. Sell the house and the sale proceeds count as money received — a 2.5% commission — and when that same cash later gets paid out to heirs or creditors, it counts again — another 2.5%. Distribute the same house directly to an heir instead, without ever selling it, and the commission caps at 3% of its appraised value, set at the probate court's discretion. Two houses of identical value can generate meaningfully different executor pay, purely based on whether a sale happened at all.

A Georgia-specific wrinkle: Year's Support

A surviving spouse or minor children can file a petition for Year's Support within 24 months of death — a claim that takes priority over nearly every other claim against the estate, including a planned sale of the same real estate. Where Year's Support is in play, it's worth resolving, or at least understanding, before listing the house.

What this estimate does not include

This calculator estimates realtor commission and the statutory executor commission on the transaction; it does not compute the attorney fee for a Petition for Leave to Sell, county recording costs, or any Georgia or federal tax owed on the sale. See Capital Gains Tax on the Sale for that piece.

Georgia's probate courts operate county by county

Georgia runs a probate court in each of its 159 counties, so a Petition for Leave to Sell is filed locally — whether that's Fulton County (Atlanta), Cobb County (Marietta), Gwinnett County (Lawrenceville), DeKalb County (Decatur), Chatham County (Savannah), Richmond County (Augusta), Muscogee County (Columbus), or Bibb County (Macon). The statute itself, O.C.G.A. § 53-8-13, applies identically statewide; only the filing fee and the clerk's own schedule vary by county.

Georgia probate real estate sale — frequently asked questions

Does a Georgia executor need court approval to sell estate real estate?

Only if the will doesn't grant Power of Sale. When it does, the executor can list, negotiate, and close much like an ordinary sale. When it doesn't — or there's no will and an administrator is handling an intestate estate — a Petition of Personal Representative for Leave to Sell Property has to be filed under O.C.G.A. Section 53-8-13, with notice to heirs and beneficiaries.

How much commission does a Georgia executor earn on a house sale?

Under O.C.G.A. Section 53-6-60, selling the house and later distributing the cash can trigger commission twice: 2.5% when the sale proceeds are received, and another 2.5% when that cash is paid out to heirs or creditors — up to 5% combined. Distributing the same house directly to an heir without selling it instead caps the commission at 3% of its appraised value, set by the probate court.

Do I owe Georgia state tax on the gain from selling an inherited house?

Often little or nothing. The house gets a stepped-up federal tax basis to its fair market value on the date of death, so only appreciation after that date is taxable. Any taxable gain is then taxed as ordinary income at Georgia's flat 4.99% rate, since Georgia has no separate, lower capital gains rate.

Can Georgia's Year's Support process delay a probate real estate sale?

Yes. A surviving spouse or minor children can petition for Year's Support, a priority claim on estate property, within 24 months of death — and until that petition is resolved, it can hold up or reshape a planned sale of the same real estate.

Does an administrator need a stronger reason than an executor to sell Georgia real estate?

Yes, in one respect. Georgia case law requires a temporary administrator to show "good cause" for a sale under O.C.G.A. Section 53-8-10(b), a narrower standard than the general "best interest of the estate" test that applies to an executor or a regularly appointed administrator.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Georgia statute (O.C.G.A. § 53-6-60, § 53-8-10, § 53-8-13) and typical realtor commission rates. Actual costs depend on the will's specific language, the county probate court, whether the sale is contested, and the estate's overall financial picture. Confirm current figures with the county Probate Court or a licensed Georgia attorney before acting.