Guide / Don't list the house yet
Don't list the inherited Georgia house yet. Here's why.
A realtor wanted to do a CMA. The family wants to move quickly. Everyone agrees the house should be sold. So you sign a listing agreement. That's the moment the case turns from probate into a litigation problem — even though no one realized anything was wrong.
The legal rule, plain.
Until the probate court appoints an executor or administrator and issues Letters Testamentary or Letters of Administration, no individual heir has the authority to sign a listing agreement on behalf of the estate. The seller of record is the deceased person — not you, not the family, not the oldest sibling.
A realtor who lets you sign anyway isn't doing anyone a favor. The agreement is void or voidable. Worse: the realtor can argue you signed in your personal capacity, which means if a buyer shows up under the listing, the realtor may have a commission claim against you personally rather than the estate.
What happens when you list anyway.
- 1
The listing goes up, you get an offer.
Buyers don't know the seller is deceased — the MLS shows the property at market. Offers come in. The realtor calls you with good news.
- 2
You accept. Contract gets signed.
You sign as “Executor” or “Heir of the Estate of [Name]” — but without Letters, that signature has no legal weight. The contract is on paper.
- 3
Title fails at closing.
The title company pulls the deed during the title search. They see the deceased owner. They ask for Letters. You don't have them yet. Closing is delayed — often by months. Sometimes the buyer walks. Sometimes they demand a price cut. Either way, you've already paid for inspections and appraisals.
- 4
If you somehow do close, the sale can be unwound.
An heir who didn't sign, a creditor who wasn't paid, or the court itself can later void a sale that closed without proper authority. That's the worst outcome — selling, distributing the money, and then having to give some of it back.
The bigger problem: personal liability.
When you sign a listing or a contract without authority, you may be on the hook personally for damages if the deal falls apart — even though you were trying to act for the estate. Buyers' agents have sued individual heirs over failed probate-property contracts. The remedy isn't exotic; it's the same breach-of-contract analysis any failed real-estate deal triggers.
Pre-Letters, you have nothing protecting you. Post-Letters, you're acting as a court-appointed fiduciary with statutory protections.
The three exceptions where listing is safe.
- 1
The deed was held in joint tenancy or by the entirety.
The surviving co-owner already owns the property; the deceased's name comes off via affidavit and a death certificate. List anytime.
- 2
A transfer-on-death deed was recorded before death.
The named beneficiary owns the property automatically. List anytime.
- 3
Year's Support was granted to a spouse or minor child.
The award gives the spouse or minor child clear title outside regular probate. List once the order is final.
When you CAN safely list during probate.
Once Letters issue (typically 3–8 weeks after filing for uncontested cases), the appointed executor or administrator has authority to list and contract on behalf of the estate. Closing can usually happen in parallel with the rest of probate, though title companies want to see the creditor-notice window closed or specific indemnification from the estate.
That means the realistic timeline from death to listed is 1–3 months, not zero. Use that window to:
- Interview agents and get real CMAs in hand.
- Decide on light repairs vs. as-is.
- Sort family agreement on price floor before the listing goes live.
- Schedule the listing for the day Letters issue. The realtor can have the photos, copy, and MLS draft ready to go — so the moment you have authority, the listing publishes.
Pre-listing prep is the right move; listing isn't.
On the 15-minute call we'll tell you which week of the timeline you're actually in, when you'll be safe to list, and introduce you to a licensed Georgia REALTOR® in our network who handles probate properties properly. No listing signed under the wrong authority.
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