How to get court approval to sell real property and pay the mortgage in Georgia

This FAQ-style guide explains the typical steps you must take to obtain court approval to sell a house and use the proceeds to pay off the mortgage in Georgia. It covers the most common legal situations where court approval is required (probate/estate administration, guardianship/conservatorship for an incapacitated person or minor, and divorce property orders), what you must file with the court, what evidence the court usually requires, and practical steps to closing. This information is educational and does not replace legal advice.

Quick summary — when will you need court approval?

If the house is part of a decedent’s estate being administered in probate and the personal representative does not have a will-authorized power to sell, most probate courts require a petition and court order before selling real estate.
If the house is owned by a ward (an incapacitated adult or a minor) and a guardian or conservator is managing the property, the probate court usually must approve sale of the ward’s real property.
If the house is marital property in a pending divorce, the superior court often issues the final order dividing assets or ordering a sale; a motion for sale and a court order may be required if the parties do not agree.

Detailed Answer — step‑by‑step process under Georgia practice

1) Identify the legal context and your authority to act

Start by determining why the court’s approval is needed. The steps below use three common contexts as examples:

Probate (estate of a deceased person)
Guardianship/conservatorship (property of a minor or legally incapacitated adult)
Divorce (marital property in Superior Court)

2) Gather documentation

Collect documents the court and title company will want to see:

Death certificate and will (if probate), letters testamentary or letters of administration if issued by the probate court.
Guardianship/ward papers if selling as guardian or conservator (court appointment documents and any prior orders).
Divorce pleadings or court orders if the sale is part of divorce asset division.
Current deed and chain of title documents.
Mortgage payoff statement from the lender (request a written payoff figure and a date through which that figure applies).
Recent property tax bills, homeowner insurance information, and any other liens on title (judgments, tax liens, etc.).
Appraisal or broker price opinion to support the proposed sale price.

3) Obtain valuations and a proposed sale plan

Most courts will expect the selling party to provide an independent appraisal or a broker price opinion to show the sale price is reasonable. Prepare a proposed sale contract or listing terms (price, proposed commissions, whether sale is by private contract or public auction, any sale contingencies).

4) File the appropriate petition or motion in the correct court

Which court depends on the context:

Probate matters: file a petition in the local Probate Court (or the probate division handling the estate). The petition requests authority for the personal representative to sell real property and asks the court to confirm the sale or to approve a proposed sale contract.
Guardianship matters: file a petition in Probate Court asking permission to sell a ward’s real property or to confirm a sale already under contract. The petition should explain why the sale is in the ward’s best interest and include a valuation.
Divorce matters: file a motion in the Superior Court case asking the judge to order sale of the property (if the spouses cannot agree) or to approve the parties’ agreed terms.

Most courts require forms, a copy of the proposed sales contract or listing agreement, an appraisal, and a proposed order the judge can sign.

5) Provide notice to interested parties

The court will require notice to all interested parties. That often includes heirs, beneficiaries, creditors, next of kin, the ward (if represented), and any lienholders (mortgage lenders). Georgia probate/guardianship practice emphasizes notice so affected parties can object before the sale is approved.

6) Court hearing and court order

The court may hold a hearing where the petitioner (personal representative, guardian, or spouse) must show the sale is reasonable, necessary, and in the best interest of the estate or ward. If approved, the court will sign an order authorizing the sale and setting any conditions (e.g., minimum price, sale by public auction, or confirmation after upset bids).

7) Conduct the sale and closing

Once the court has authorized the sale, proceed with the agreed marketing and sale process. At closing:

Use the lender’s payoff statement to pay off the mortgage from sale proceeds. Coordinate payoff with the closing/title company to ensure the mortgage is released at closing.
Title company or closing attorney disburses funds according to the court order and pays outstanding liens, closing costs, commissions, and creditor claims that must be satisfied.
If the sale was authorized subject to court confirmation, the sale may be held and then brought back to the court for confirmation before final distribution.

8) Post-closing filings and accounting

After closing you (or your attorney/accountant) should:

File a written accounting with the court showing sale proceeds, payoffs, distributions, and remaining balances (probate and guardianship cases typically require accountings).
Record a satisfaction or release of mortgage with the county clerk/registrar once the lender issues the satisfaction document.
Distribute remaining funds under the court’s directions (to heirs, ward’s bank account, or as ordered in a divorce decree).

Where to find Georgia statute and court resources

Georgia law and court practice pages useful for these processes include the Georgia Code and the Georgia Judicial Branch probate/guardianship resources. For general statutory background and local court rules see:

Georgia Code (official site): https://www.legis.ga.gov/legislation/ga-code
Georgia Judicial Branch — Probate Court and guardianship information: https://georgiacourts.gov/probate/

These resources will point you to the specific statute sections that apply in your county and the forms or local procedures your probate court uses. Probate and guardianship procedures are administered at the county level, so local court clerk guidance is often required.

Common practical issues to expect

Lender cooperation: you will need a written payoff; mortgage companies sometimes require certified funds and allow limited payoff dates, so coordinate early.
Timing: courts set hearing dates and require notice periods; plan for weeks to months depending on complexity and whether objections are filed.
Liens and title issues: outstanding liens, unpaid property taxes, mechanic’s liens, or title defects can delay closing — resolve these before seeking final distribution.
Costs: court filing fees, appraisal fees, bond premiums (sometimes required), attorney fees, and closing costs will reduce net proceeds.
If a sale is contested, litigation can add significant delay and expense.

Helpful Hints

Talk to the mortgage lender early and request a written payoff statement that includes the exact payoff date and any prepayment penalties.
Get a formal appraisal rather than relying only on online estimates; an appraisal helps the court evaluate fairness of sale terms.
Contact the county probate court clerk to ask about local filing procedures, required forms, and typical timelines — county practice varies.
Use a title company or closing attorney experienced with court-ordered sales to coordinate payoff, lien releases, and post-closing recordings.
Keep careful records: copies of the court order, sale contract, payoff statements, closing disbursement statements, and recorded satisfaction of mortgage are essential for the court accounting.
If possible, obtain consent in writing from heirs, beneficiaries, or other interested parties — voluntary agreements speed the court process and often avoid hearings.
Consider hiring a Georgia attorney experienced in probate, guardianship, or family law depending on your context — the attorney can prepare the petition/motion, represent you at hearings, and draft the proposed order the court will sign.
Be realistic about timing: even uncontested court-authorized sales often take longer than a private sale because of required notices and court scheduling.

When to get a lawyer

If there are multiple heirs, lien disputes, unclear title, a contested guardianship, or if the lender is uncooperative, consult a Georgia attorney. An attorney can prepare the petition, handle notice and service requirements, present the matter to the judge, and ensure the closing complies with the court order so you do not face later liability.

Disclaimer

This is educational information about Georgia court practice and is not legal advice. Laws and local procedures change. For advice about your particular facts, consult a licensed Georgia attorney who can review your documents and guide you through the required court filings and closing steps.