How to Navigate Probate, Protect Family Relationships, and Maximize Your Sale
This guide is for educational purposes only and is not legal, tax, or financial advice. Probate procedures and tax rules change and can vary by situation. Always consult a qualified probate attorney and tax professional about your specific case.
This guide is for you if:
By the end, you’ll understand:
When someone passes away owning a home in their name, that property often must go through probate – the court process of:
The home is just one asset inside that estate.
You typically cannot transfer full legal ownership to a buyer until probate has reached certain milestones and the court/attorney confirms it’s allowed.
Key roles you’ll hear about:
You don’t need to become a legal expert.
You do need to understand your role, your authority, and your options with the house.
Whether or not you sell, protecting the asset is step one.
Call the Insurance Company :
Keep on:
Goal of Week 1: The home is safe, insured, and no longer at immediate risk of theft, weather, or neglect.
You generally have three paths:
Best when:
Pros:
Cons:
Best when:
Typical structure:
Best when:
Consider:
Do projected rents truly justify:
Taxes, insurance, maintenance, vacancies, management fees?
Is there agreement among heirs about being co-owners/landlords?
Ask these three questions:
If , the estate needs cash, and no one wants to manage a rental →
One of the most common (and stressful) questions:
“Do we pour money into fixing this place, or just sell it the way it is?”
Best when:
Typical upgrades:
Result:
Best when:
Typical actions:
Result:
Best when:
Trade-offs:
Every situation is different, but most estates will encounter:
Common cost categories:
A good probate-focused realtor will:
Build a simple estimated net sheet showing:
In many inheritance situations, the property’s tax basis is adjusted to approximate fair market value at the date of death (“step-up in basis”).
That often means:
Because these rules are complex and can change, always:
Confirm details with a CPA or tax attorney
Give them:
If you decide to sell, here is a clear path you can follow.
Ask the probate attorney:
Obtain copies of any documents that show your legal authority
(Letters Testamentary / Letters of Administration, etc.)
Look for an agent who:
Ask:
Together with your agent, decide:
Have the agent:
Your agent will:
You and your attorney will:
Once under contract, expect:
Your role:
If you remember nothing else from this guide, remember this:
You don’t have to navigate this alone, and you don’t have to get it perfect to do a good job for your family and for the person who left this home in your care.
J. Berkeley Thomas, Jr.
Probate & Estate Real Estate Specialist
Woodstock & Cherokee County, GA
Contact:
If you’d like a complimentary, no-pressure “Estate Property Review” for a Woodstock-area home, I can walk you through:
If you are reading this from outside the Cherokee County GA area we can refer you to a agent right in YOUR area at no cost to YOU!
This essential guide equips executors in Woodstock, GA, with the knowledge to successfully navigate the complexities of selling an inherited home. From understanding probate procedures to making informed decisions about selling, keeping, or renting the property, it offers practical steps, common pitfalls to avoid, and expert tips on collaborating with real estate professionals. Protect your family's interests and maximize the value of your inheritance with clear, actionable advice tailored for your unique situation.