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Selling a House in Georgia Probate: Do You Need Court Approval?

Four words buried in a will — "Power of Sale" — are usually the whole answer. Everything else in this question is a variation on whether that clause is there.

O.C.G.A. § 53-8-10, § 53-8-13

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: if the will grants the executor Power of Sale, no court petition is needed — the sale can close much like an ordinary transaction. If it doesn't, or there's no will, a Petition for Leave to Sell Property under O.C.G.A. § 53-8-13 generally has to be filed first. Run your own numbers in the Georgia probate real estate sale calculator.

Path one: the will grants Power of Sale

The common case in a modern Georgia will: when the will expressly authorizes the executor to sell real property, the executor can list, negotiate, accept an offer, and close — without filing a separate petition or waiting for a judge's order. Notice to heirs and beneficiaries about the estate generally still applies elsewhere in administration, but the sale itself doesn't need a court hearing.

Path two: no Power of Sale, or no will at all

Without that clause, the personal representative — executor or, in an intestate estate, an administrator — has to file a Petition of Personal Representative for Leave to Sell Property under O.C.G.A. § 53-8-13. The petition names every heir or beneficiary, states the reason for the sale, and typically attaches a recent appraisal or the current ad valorem tax value. Those named have to receive notice and a real opportunity to object before the probate judge issues an order — and a devisee can still appeal that order, or file a competing claim to the property, before the sale actually closes.

A stricter test for a temporary administrator

Georgia case law draws a real distinction here: a temporary administrator specifically has to show "good cause" for a sale under § 53-8-10(b), a standard courts have applied more narrowly than the general "best interest of the estate" test that governs an executor or a regularly appointed administrator. In re Estate of Price (2013) is the leading Georgia appellate case establishing that the two standards aren't interchangeable.

The wrinkle that can pause everything: Year's Support

Separate from the sale process itself, a surviving spouse or minor children can file a Petition for Year's Support under Georgia Code § 53-3-5, within 24 months of death, asking the court to set aside estate property — potentially including the house being sold — for their support ahead of nearly every other claim against the estate. Where that petition is pending, it's worth resolving, or at least understanding fully, before a sale moves forward.

Whether the estate is in Fulton, Cobb, or DeKalb County, the same O.C.G.A. rules on court approval apply — only the local probate court's own filing schedule differs.

Facing probate in Georgia?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Georgia attorney

Court approval to sell — frequently asked questions

What is Power of Sale in a Georgia will?

A specific clause giving the executor authority to sell estate real property without going back to the probate court for permission first. Most modern Georgia wills include it deliberately; older or simpler wills sometimes don't.

What has to be in a Georgia Petition for Leave to Sell Property?

Under O.C.G.A. Section 53-8-13, the petition identifies the property, states the reason for the sale, and lists every heir or beneficiary, who must then receive notice and have an opportunity to object before the probate judge issues an order.

Can an heir object to a Georgia probate real estate sale?

Yes. A devisee who receives notice of a Petition for Leave to Sell can object, appeal the resulting order within the time the law allows, or file a claim to the property before the sale actually closes.

Does an administrator face a different standard than an executor when selling Georgia real estate?

A temporary administrator specifically must show "good cause" for a sale under O.C.G.A. Section 53-8-10(b), a standard Georgia courts have applied more narrowly than the general best-interest-of-the-estate test used for an executor or a regular administrator.

How does Year's Support affect a planned Georgia real estate sale?

A surviving spouse or minor children can file a Petition for Year's Support within 24 months of death, asking the court to set aside estate property — including real estate — for their support ahead of nearly every other claim. Until that petition resolves, it can pause or reshape a sale already in progress.

Keep going

Georgia Probate Real Estate Sale CalculatorYour estimate, based on your answers Georgia Sale Costs & CommissionRealtor fees, the executor cut, worked examples Capital Gains Tax on the Sale in GeorgiaStepped-up basis and the 4.99% state rate Georgia Executor Fee CalculatorThe full § 53-6-60 commission

This page provides general guidance only and is not legal advice. Based on O.C.G.A. § 53-8-10, § 53-8-13, § 53-3-5. Whether court approval applies to a specific sale depends on the will's exact language and the estate's own facts. Confirm with the county Probate Court or a licensed Georgia attorney before acting.