Cumming, GA asked in Probate and Real Estate Law for Georgia

Q: Can sister sell deceased father's house without will or probate in GA?

My sister has been living in our deceased father's house for 10 years, and she now wants to sell it. There was no will and no probate proceedings have been initiated. We are 2 brothers and 3 sisters, including the sister living in the house, and as far as I know, my deceased father is the only person on the property's title. She wants to deduct property taxes and upkeep expenses from our inheritance. Is she allowed to do this, and what steps should we take regarding the sale and inheritance distribution?

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3 Lawyer Answers
Anthony M. Avery
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Answered

A: You can file an action for Partition but Sister will seek reimbursement for expenses for which the other tenants in common did not contribute. But she also lived there, so a fair rental could be deducted from her claim to be added to her share. Consult with a GA attorney.

A: If your father was the only individual on the deed, then the home sale must go through probate. The probate process is designed to safeguard heirs such as yourself in this situation, where you can demand accounting, or object to your sister serving as the administrator. I recommend consulting with an attorney who can discuss the probate process and your rights as an heir in detail.

James Clifton
PREMIUM
Answered

A: If your sister was not a joint tenant with right of survivorship with your father, she cannot sell the property unilaterally. If the deed was in your father's name only, the administrator of your father's estate is the only person with authority to sell the property. Your first step in protecting your interest in the property will be to file probate and ask to be administrator. Next, claims will be made against the estate. If your sister believes she is entitled to reimbursement, she will need to make a claim. However, you can counter that argument because she should have been paying rent if she was living in the property exclusively. The administrator will then sell the real estate and pay out the proceeds from the sale. Schedule a free consultation to ensure that your interest in the property is protected.

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