What Happens to a House During Probate?

A Step-by-Step Guide to the Probate Process

If you've just been named executor of a loved one's estate, or you're a family member trying to understand what comes next, the house is usually the first thing on everyone's mind. It's often the largest asset in the estate, and it's also the one that requires the most decisions: Who's responsible for it? Can it be sold? What happens if nobody wants to live in it?

Here's what actually happens to a house during probate, step by step.

Step 1: The Court Appoints an Executor or Administrator

Before anyone can act on behalf of the estate, including making decisions about the house, the probate court has to formally appoint someone to manage it. If the deceased left a will naming an executor, the court typically confirms that person. If there's no will, the court appoints an administrator, usually a close family member.

Once appointed, this person receives what's called "Letters Testamentary" (if there's a will) or "Letters of Administration" (if there isn't). These documents are what give the executor legal authority to manage the estate's property, including the house. Until this happens, no one can sell the home, sign contracts on its behalf, or make binding decisions about it.

Step 2: The House Becomes Part of the Estate's Assets

Once appointed, the executor is responsible for identifying and safeguarding all of the estate's assets. The house needs to be secured, insured, and maintained during the probate process. This includes making sure the mortgage, property taxes, HOA dues, and insurance premiums stay current. An unmaintained or vacant home can lose value quickly, and in some cases, insurance coverage can lapse if a property sits vacant too long without notifying the carrier.

Many executors don't realize this responsibility falls on them personally until it's already causing a problem, so it's worth addressing early.

Step 3: The Executor Determines Whether the House Needs to Be Sold

Not every probate property gets sold. Sometimes a will directs that the house pass directly to a specific heir. Other times, multiple heirs may choose to keep the property and become co-owners. But in many cases, particularly when there are multiple heirs, outstanding debts on the estate, or the property needs work no one wants to take on, selling is the simplest path forward.

If the will grants the executor authority to sell real estate (most wills do), the executor can move forward with a sale without needing separate court approval for each step. If the will is silent on this point, or there's no will at all, the executor may need to petition the court for permission to sell.

Step 4: Debts and Creditors Are Addressed

During the probate process and before money can be distributed to the heirs, the estate has to work through its debt obligations. Creditors are given a window of time, several months under Georgia law, to file claims against the estate. The proceeds from selling the house may be needed to pay off the mortgage, settle other estate debts, or cover funeral and administrative costs before any money reaches the heirs.

Step 5: The House Is Prepared and Listed for Sale

Once the executor has the authority to sell and a clear picture of what the estate owes, the house can go on the market. This is where working with an agent who understands probate specifically makes a real difference. Probate properties often come with unique circumstances: outdated homes that haven't been updated in years, properties sold as-is because no one wants to manage repairs on behalf of the estate, or homes where multiple heirs need to agree on pricing and timing.

An experienced probate agent knows how to price these homes accurately, market them to the right buyers (including investors comfortable with as-is purchases), and manage a transaction that may involve several decision-makers instead of just one seller.

Step 6: The Sale Closes and Proceeds Are Distributed

Once a buyer is under contract and the sale closes, the proceeds go back into the estate. From there, the executor pays off any remaining debts and distributes what's left according to the will or Georgia's intestacy laws if there's no will. The court typically requires a final accounting before the estate can be officially closed.

A Note on Timing

There's no single answer for how long this entire process takes. A straightforward estate might move through these steps in six months to a year. More complicated situations, multiple heirs who disagree, unclear wills, or estates with significant debts, can stretch well beyond that. 

Working With Someone Who Understands Probate

Selling a house during probate isn't like a typical real estate transaction. There are more people involved, more legal steps to account for, and often more emotional ties to the property itself. If you're an executor or family member trying to figure out what to do with a Savannah-area home in probate, let's connect. Working with an agent who specializes in probate means one less thing to manage on your own, someone who already knows the process, the paperwork, and how to keep things moving for you, your family, and everyone else with a stake in the outcome.

Sarah J. Pounders Certified Probate Specialist & REALTOR®, Engel & Völkers Savannah 404.210.9383