Atlanta, GA asked in Probate for Georgia

Q: Mother passed in May with a will. Do we need to probate before selling her house?

She has sole ownership, and the house has a reverse mortgage. According to HUD the house must be sold. She has about $10,000 in debts. She has an IRA that my brother is the beneficiary. He is transferring it to his name as an inherited IRA. No other assets. I am her daughter and the executor of the estate. Does the Will need to be probated before the house can be sold?

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1 Lawyer Answer
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: From your facts, obviously Probate will not help the Heirs at all. And it does not appear that you have anything to gain by cooperating in the Sale.

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