Detailed Answer
Under Georgia law, individual heirs cannot directly distribute sale proceeds of estate real property without first qualifying as a personal representative and obtaining court authorization. The key steps and forms include:
- Petition for Letters of Administration (O.C.G.A. § 53-6-20): If the decedent died intestate (without a will), you must petition the probate court to be appointed administrator. Use your county’s standard probate form and cite O.C.G.A. § 53-6-20.
- Inventory and Appraisement (O.C.G.A. § 53-7-30): Within 90 days of qualification, file an inventory of estate assets, including the real property. See O.C.G.A. § 53-7-30.
- Petition for Sale of Real Property (O.C.G.A. § 53-12-150): To sell estate land, file this petition asking the court to authorize a sale at private or public auction. Link: O.C.G.A. § 53-12-150. The court will issue an Order Authorizing Sale.
- Closing Documents and Deed: At closing, the personal representative signs the deed conveying title. The title company or attorney will typically require:
- Heirship Affidavit—verifies each heir’s identity and share.
- Affidavit & Indemnification—protects against title claims.
- IRS Form W-9 and Form 1099-S—for tax reporting of sale proceeds.
- Disbursement Authorization Form—directs the closing agent how to divide net funds among heirs.
- Petition for Distribution (O.C.G.A. § 53-3-330): After closing, file to distribute net proceeds to heirs. Cite O.C.G.A. § 53-3-330. The court issues an Order of Distribution, enabling the clerk to disburse funds accordingly.
Helpful Hints
- Check your local probate court’s website for fillable PDF forms and filing fees.
- File the Inventory and Appraisement within 90 days to avoid court sanctions.
- All heirs must sign the Petition for Distribution or formally waive objections in writing.
- Keep copies of orders, closing statements, and affidavits for IRS and future reference.
- Consider consulting a Georgia probate attorney if heirs dispute distribution or if estate matters are complex.