Probate Real Estate FAQ

#What is probate?

Probate is the court-supervised process of settling a deceased person's estate: validating the will, appointing a personal representative, paying debts and taxes, and distributing what remains to the heirs.

#How long does probate usually take?

A straightforward estate typically takes six months to a year. Contested wills, uncooperative heirs, or complex assets can extend it well beyond that.

#Do all estates have to go through probate?

No. Assets that pass by beneficiary designation, payable-on-death accounts, living trusts, or certain joint ownership can avoid probate. A house titled solely in the deceased's name usually must be probated.

#Who starts the probate process?

Usually the executor named in the will, or a close family member if there is no will. They file a petition with the appropriate local court to open the estate.

#What is an executor versus an administrator?

An executor is named in the will. An administrator is appointed by the court when there is no will (intestate). Both serve as the estate's personal representative.

#What are Letters Testamentary?

The court document that grants the executor legal authority to act for the estate, including the power to sell real estate. Without a will, the equivalent is Letters of Administration.

#What happens if there is no will?

The estate is 'intestate.' The court appoints an administrator and state intestacy law determines who inherits — typically spouse and children first.

#What is notice to creditors?

A published and/or mailed notice giving creditors a window to file claims against the estate. Valid debts are paid before assets are distributed to heirs.

#Can probate be avoided entirely?

Sometimes, through trusts, joint ownership, or beneficiary designations set up before death. Once someone has passed with a solely-owned home, probate is usually required to sell it.

#What does it cost to probate an estate?

Costs vary by state and estate size but can include court filing fees, publication costs, appraisal fees, bond premiums, and attorney fees. Many are paid from the estate itself.

#Can a house be sold while it's in probate?

Yes. Once the personal representative has authority — from the will or the court — the home can be sold during administration.

#Do I need court approval to sell?

It depends on the will and the state. Many wills grant the executor power to sell; otherwise the representative may need to petition the court for permission.

#Does the property need to be appraised first?

Almost always. An independent appraisal establishes fair market value, protects the representative, and is often required by the court.

#Can I accept an offer before probate is finished?

Yes. You can sign a purchase agreement and accept an offer, but closing can't happen until the estate has legal authority to sell. Experienced cash buyers wait for that clearance.

#What if the house needs major repairs?

You can sell as-is to a cash buyer and skip repairs entirely, or invest in fixes for a traditional listing. For most estates, as-is is faster and cheaper.

#What if multiple heirs disagree about selling?

A single written cash offer with a fixed price and timeline often resolves disputes faster than a months-long listing. If heirs still can't agree, the court may direct the sale.

#Can I sell if I live in another state?

Yes. Out-of-state heirs sell probate property regularly; much of the process can be handled remotely with the local attorney and buyer.

#How do I clear out the deceased's belongings?

Keep what's meaningful; a cash buyer will typically take the home with remaining contents and handle the cleanout after closing.

#What is a probate auction?

Some courts allow or require estate property to be sold at auction, sometimes with overbidding at a confirmation hearing. Prices can be unpredictable.

#Who signs the closing documents for an estate sale?

The personal representative signs on behalf of the estate. In some states, heirs who hold title to real estate may also need to sign.

#What is a stepped-up basis?

The property's cost basis resets to its fair market value on the date of death. This usually means little or no capital-gains tax if you sell near that value.

#Will I owe capital gains tax on an inherited home?

Only on appreciation above the stepped-up (date-of-death) value. Sell near that value and the taxable gain is often minimal.

#Is inherited property taxed as short-term or long-term?

Always long-term, regardless of how quickly you sell. That means the lower long-term capital-gains rates apply.

#Does selling quickly increase my taxes?

No. Because inherited property is always long-term, a fast sale does not change your tax rate.

#What is the difference between estate tax and inheritance tax?

Estate tax is paid by the estate before distribution; inheritance tax is paid by the person who receives the property. Most states have neither; a few have one or both.

#Do I need a date-of-death appraisal?

Yes — it establishes your stepped-up basis and protects you at tax time. Get it dated to the time of death, not the sale date.

#Can I take a loss on an inherited property?

Possibly. If you sell for less than the stepped-up basis, you may have a deductible capital loss. Ask a CPA about your situation.

#Should I consult a tax professional?

Yes. Tax rules vary by state and situation. TAP Home Buyers is not a tax advisor — always confirm with a licensed CPA or tax attorney before selling.

#Do I need a probate attorney to sell?

Not always required, but strongly recommended, especially with multiple heirs, liens, or a contested estate. An attorney keeps the sale within the legal process.

#What are the executor's duties when selling a home?

To act in the estate's best interest: obtain fair value, follow the will and court orders, keep heirs informed, and account for the proceeds.

#Can an executor be held personally liable?

Yes, if they act improperly — for example, selling far below market value without justification. An independent appraisal and a documented process protect the executor.

#How do you work with estate attorneys?

We provide written offers suitable for court filings and coordinate directly with the attorney and executor so the sale stays on the legal track.

#What documents does the estate need to sell?

Typically the death certificate, the will (if any), Letters Testamentary or of Administration, and an appraisal or valuation.

#Can an attorney recommend a cash buyer?

Many do, because a written cash offer simplifies court filings and shortens the estate's carrying period. We're glad to work alongside your counsel.

#What if the executor lives far away?

That's common and manageable. Much of the process — offers, disclosures, and even closing — can be handled remotely.

#How are sale proceeds distributed?

Proceeds go to the estate, which pays remaining debts and expenses, then distributes to heirs according to the will or state law.

#What's the difference between a cash buyer and an agent?

An agent lists your home to find a third-party buyer for a commission. A cash buyer purchases the home directly, with their own funds, usually as-is and fast.

#Will I get more money listing with an agent?

Sometimes, on a move-in-ready home with time to spare. After commissions, repairs, and carrying costs, the net can be closer than the sticker price suggests.

#How fast can a cash buyer close versus a listing?

A cash buyer can close in as little as 7 days. A financed sale through an agent commonly takes 30–60+ days after going under contract, plus listing time.

#Do cash buyers charge commissions or fees?

Reputable cash buyers, including TAP Home Buyers, charge no commissions or fees. The offer is what you receive.

#Is a cash offer lower than market value?

It reflects the home's as-is condition minus repair and holding costs. For homes needing work, that's often close to what a listing nets after expenses.

#What are the risks of a traditional sale?

Financed deals can fall through on appraisal or loan denial, inspections can trigger renegotiation, and showings and repairs take time and money.

#How do I know a cash buyer is legitimate?

Look for a real local presence, written offers, no upfront fees, references, and willingness to work with your attorney. Never pay a buyer to make an offer.

#Which court handles probate in Georgia?

The Probate Court of the county where the deceased lived. Each Atlanta Metro county — Fulton, DeKalb, Gwinnett, Cobb, and others — has its own.

#Does Georgia have an estate or inheritance tax?

No. Georgia has neither. Only very large estates face the federal estate tax.

#What is 'year's support' in Georgia?

A Georgia provision that can set aside estate property for a surviving spouse or minor children ahead of certain creditors, which can affect distribution.

#How quickly can I sell a probate home in Atlanta?

Once the Probate Court authorizes the sale, a cash close can happen in as little as 7 days. We make offers within 24 hours.

#Is there a probate court in Virginia?

Not a separate one. Estates open at the Circuit Court Clerk's office, and a Commissioner of Accounts reviews the estate's inventory and accountings.

#What is Maryland's Orphans' Court?

Maryland's probate court, which oversees estates administered through each county's Register of Wills.

#Does Maryland tax inheritances?

Maryland has both an estate tax and an inheritance tax, but close relatives — spouses, children, parents, siblings — are generally exempt from the inheritance tax.

#Who signs to sell real estate in Virginia probate?

Often the heirs, because Virginia real estate can vest in them directly. Your attorney can confirm exactly who must sign for your property.

#How does TAP Home Buyers work?

Tell us about the property, we make a no-obligation cash offer within 24 hours, and if you accept we close on your timeline — as fast as 7 days — with no repairs, commissions, or fees.

#What areas do you serve?

The Atlanta Metro (Fulton, DeKalb, Gwinnett, Cobb, Clayton, Cherokee, Henry, Forsyth) and the DC Metro (Northern Virginia and the Maryland suburbs).

#How fast can you close?

As little as 7 days once there's a signed agreement and, for probate, court authority to sell. You choose the closing date.

#How do you decide what to pay?

We look at comparable sales in your county, subtract the cost of needed repairs and our holding costs, and share the calculation with you transparently. No lowball games.

Still have a question?

Tell us about the property and we'll give you straight answers and a no-obligation cash offer within 24 hours.

Call or text (404) 999-3781