Purpose: This FAQ-style article explains, in plain language, how to complete probate administration in Georgia when the decedent left an outdated will and how to obtain clear authority to sell estate real property.

Disclaimer: This is educational information only and not legal advice. For help tailored to your situation, consult a Georgia probate attorney or the probate court in the county where the decedent lived.

Detailed answer — step‑by‑step guide under Georgia law

1. Understand what “outdated will” can mean

An “outdated” will might still be valid. Common issues include:

• The will names property the decedent no longer owned at death.
• The will predates later marriages, divorces, births, or other changes in family status that affect inheritances.
• The will omits property the decedent acquired after executing it.
• A beneficiary named in the will predeceased the decedent.

Even if the will is old, Georgia courts will normally attempt to honor the testator’s valid last will. For assets not covered by that will, Georgia intestacy rules will apply.

2. Confirm how the real property passes outside probate

Before assuming the house or land must pass through probate, check whether the property already passed outside probate. Real property may pass outside probate if any of these apply:

• The property was owned jointly with right of survivorship.
• The deed named a transfer-on-death beneficiary or similar device that takes effect at death.
• The property is held in a valid living trust.

If the property passed outside probate, the personal representative generally will not need authority to sell it on behalf of the estate.

3. Open probate or qualify as personal representative

If the property is part of the probate estate, someone must open probate in the probate court of the decedent’s county of residence and be qualified as the personal representative. If a valid will names an executor, that person typically petitions to be appointed and receives letters testamentary. If there is no valid will for that asset, the court appoints an administrator and issues letters of administration.

Letters from the probate court are the formal proof of authority that title companies and buyers look for. You can find general information about Georgia probate courts and procedures at the Georgia Judicial Branch: https://www.georgiacourts.gov/. For the Georgia Code, consult the Georgia General Assembly site: https://www.legis.ga.gov/georgia-code.

4. Obtain authority to sell the estate property

How you get authority depends on documents and the will’s terms:

• If the will expressly grants the executor power to sell real property, the executor may sell under that authority once qualified and after taking required probate steps (letters, inventory, creditor notice, etc.).
• If the will is silent about sales or expressly forbids sales, you may need the probate court to authorize the sale. Courts can issue an order permitting sale when it is necessary to pay debts, preserve estate value, or otherwise benefit the estate and beneficiaries.
• If family members or beneficiaries disagree, a sale typically requires a court order resolving disputes or approving the sale terms.

To satisfy title companies and buyers, obtain a certified copy of your letters testamentary or letters of administration. If the sale turns on a court approval (for example, to override an ambiguous will or to sell property that must be cleared for distribution), secure a court order authorizing the sale and provide that order at closing.

5. Complete required probate administration steps before selling

Typical steps you must complete (or handle promptly) include:

1. File the will for probate (or file for administration if there is no valid will for the property).
2. Obtain letters testamentary/administration from the probate court.
3. Get an employer identification number (EIN) for the estate from the IRS if you will have estate bank accounts, income, or sales proceeds.
4. Provide notice to heirs, beneficiaries, and creditors per Georgia law and the probate court’s procedures.
5. Prepare an inventory and appraisement of estate assets, including a real estate appraisal if required or prudent.
6. Pay valid debts, taxes, and administration expenses, or secure court approval to sell property to pay those obligations.
7. Obtain court authorization to sell if the will does not expressly permit sale or if beneficiaries object.
8. Execute the deed as the personal representative and close the sale with standard closing documents (certified letters, court order if needed, and signed deed). Title companies will usually require certified letters and possibly an affidavit of heirship or other probate documents.
9. File a final accounting and petition for distribution and discharge with the probate court when administration is complete.

6. What title companies and buyers will ask for

At closing, expect the purchaser’s title company to require:

• Certified copy of letters testamentary or letters of administration.
• Proof the executor has authority to sell (will language or a court order authorizing the sale).
• A deed signed by the personal representative in the correct legal form.
• Evidence that any estate claims, liens, or unpaid taxes have been addressed or will be paid at closing.

7. When you should ask the court for specific orders

Ask the probate court to sign an order when:

• The will is ambiguous or does not address sale of the property.
• Beneficiaries disagree about selling the property.
• Creditors require sale to satisfy claims, but you need explicit court permission to sell.
• You need to clear title or provide the buyer with a court order in place of an otherwise required probate certification.

8. Common complications and how to handle them

Complications you may encounter include:

• Joint ownership or survivorship claims. Verify the deed and chain of title to confirm whether the property passed outside probate.
• Missing or lost will. File a petition to admit a photocopy or prove the will’s terms with witnesses, and talk to the court about options for admission.
• Predeceased beneficiaries or family changes that make the will results unsuitable. The court will apply Georgia’s statutes for construction and intestate succession where necessary.
• Estate tax issues or unpaid debts that must be satisfied before distribution. Keep detailed records and consult counsel if estate tax return or complex creditor claims may apply.

Key Georgia references

For statutory text, forms, and local procedures, consult the Georgia Code and the probate court in the decedent’s county. The Georgia General Assembly provides the official code online: https://www.legis.ga.gov/georgia-code. The Georgia Judicial Branch offers information on probate courts and links to individual courts: https://www.georgiacourts.gov/.

Because probate court practices and local forms vary by county, contact the probate court clerk in the county where the decedent lived for the exact filing steps and required local forms.

Helpful hints

• Start by verifying property title and ownership before assuming the estate needs to sell it.
• Obtain certified copies of letters testamentary or administration early; they speed closings and bank interactions.
• Get a professional appraisal and a current payoff statement for any mortgage before listing the property.
• Keep meticulous records of estate income, expenses, notices, and distributions to simplify the final accounting and avoid disputes.
• If beneficiaries disagree, seek a court order rather than attempting a contested sale; a court order protects the personal representative and the buyer.
• If you anticipate selling to pay debts, notify creditors promptly and follow the court’s timetable for creditor claims to avoid later challenges.
• Consult a Georgia probate attorney if the will is ambiguous, beneficiaries contest the plan, or the estate faces complicated tax or creditor issues.