Georgia Probate Sale Costs & Commission Explained

Quick answer: beyond the ordinary 5-6% realtor commission, a Georgia probate sale can trigger the executor's statutory commission twice on the same dollars — 2.5% when the sale proceeds are received, and 2.5% again when they're paid out. See how this plays out for your own numbers in the Georgia probate real estate sale calculator.

A worked example

Cost	On a $300,000 house, sold and distributed
Realtor commission (6%, illustrative)	$18,000
Executor commission on receipt (2.5%)	$7,500
Executor commission on distribution (2.5%)	$7,500
Appraisal (illustrative)	$450
Total, sold	$33,450
Executor commission, distributed in-kind instead (up to 3%)	$9,000

Why a sale commissions the same dollars twice

Worth understanding clearly: O.C.G.A. § 53-6-60(b) bases the executor's commission on cash flowing through the estate — 2.5% of everything received, 2.5% of everything paid out. A house sale converts real property into cash, which counts as money received. When that same cash is later paid out to heirs or creditors, it counts again. The result: selling the house and distributing the proceeds can generate a combined commission of up to 5% on that value, compared to a court-set cap of 3% if the house is instead delivered directly to an heir without ever being sold.

The realtor commission comes first, out of the proceeds

Before any of that cash reaches the estate's own accounting, the realtor commission — typically 5% to 6%, split between listing and buyer's agents — comes out at closing, the same as any ordinary home sale. Only what's left becomes the "money received" the executor's own 2.5% commission is calculated on.

The appraisal, and why it matters beyond the price tag

A recent appraisal, or the current ad valorem tax value where no appraisal exists, typically supports the sale price in a Petition for Leave to Sell where one is required, and separately anchors the appraised value the in-kind commission percentage would apply to if the house is instead distributed rather than sold.

Realtor commission rates run similarly across Georgia's metro counties — Fulton, Gwinnett, Cobb — though the executor's statutory commission itself never varies by county.

Facing probate in Georgia?

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Sale costs and commission — frequently asked questions

Why does selling a Georgia probate house cost more in executor commission than keeping it?

Because O.C.G.A. Section 53-6-60 bases the commission on cash moving through the estate. A sale converts the house to cash, which counts as money received (2.5%), and later paying that cash out to heirs counts again (2.5%) — up to 5% combined. Distributing the house directly, without selling it, caps the commission at 3% of its appraised value instead.

Does the 2.5% commission on sale proceeds require court approval in Georgia?

No. The 2.5% commission on money received and the 2.5% on money paid out are the personal representative's statutory right under Section 53-6-60(b) and don't require a separate court petition, unlike the in-kind property commission, which does.

Who pays the realtor commission on a Georgia probate house sale?

The estate does, the same as in any ordinary sale — typically 5% to 6% of the sale price, split between the listing and buyer's agents, paid out of sale proceeds at closing before the remaining cash becomes part of the estate's distributable funds.

Is an appraisal required to sell a house in Georgia probate?

Not always by statute, but in practice, a Petition for Leave to Sell typically attaches a recent appraisal or the current ad valorem tax value to support the proposed price, and a private lender-ordered appraisal is standard if the buyer is financing the purchase.

This page provides general guidance only and is not legal, tax, or financial advice. Based on O.C.G.A. § 53-6-60. Realtor commission and appraisal figures are illustrative market rates, not statutory amounts. Confirm current figures with a licensed Georgia attorney or real estate professional before acting.