3 Most Common Probate Hurdles (That Can Delay or Kill a Probate Sale)

If you’re a real estate agent working with probate or inherited properties, you’ve probably discovered that these transactions aren’t quite like a traditional home sale. One missing document or overlooked step can delay closing—or stop the deal altogether.

I’m Brad with ProbateHouseGuy.com. I’ve been buying probate and inherited houses all over Georgia for years, and after countless probate transactions, I’ve noticed the same issues come up over and over again.

Here are the three most common probate hurdles I see and how you can help your clients avoid them.

1. Make Sure They Have Their Probate Letters

The biggest issue I see?

The person selling the property doesn’t have the legal authority to sell it.

If your client is the executor or administrator of the estate, they need the proper court-issued documents before they can sign the closing paperwork.

Depending on the situation, that means they need either:

• Letters Testamentary
• Letters of Administration

Without those documents, they simply can’t move forward with the sale.

Think of it this way—they can’t pass go, and they definitely can’t collect the money from the sale until those probate letters are in place.

Before you spend time preparing for closing, make sure this step has already been completed.

2. Understand Who Actually Owns the Property

This one catches people by surprise all the time.

If you’re working with a surviving spouse, don’t automatically assume they own the entire property.

You’ll want to determine whether the property was owned as:

• Joint Tenants with Right of Survivorship, or
• Tenants in Common

If the deed specifically states Joint Tenants with Right of Survivorship, ownership generally transfers directly to the surviving spouse.

If it doesn’t, there’s a good chance they were Tenants in Common.

That means the surviving spouse may only own 50% of the property, while the deceased owner’s half is still part of the estate.

In many cases, that means probate still has to happen before the property can be sold.

It’s one of those details that’s easy to overlook but can completely change the transaction.

Need to Sell a Probate Property in Georgia?

If you’re representing a client with a probate or inherited property anywhere in Georgia, I’d be happy to take a look.

At ProbateHouseGuy.com, we specialize in buying probate and inherited homes and can make a fast, straightforward cash offer. Whether you just need pricing, want to explore your options, or you’re ready to sell, we’re here to help.

3. Set Up the Estate Bank Account Before Closing

This is a lesson I learned the hard way.

Years ago, we’d make it all the way to the closing table only to discover the estate didn’t have a bank account set up.

The family expected the closing attorney to write the check directly to them.

Unfortunately, that’s not how it works.

The proceeds from the sale typically need to be made payable to the estate, which means the estate needs its own bank account.

Before that account can be opened, the estate will also need to obtain an Employer Identification Number (EIN) from the IRS.

The good news?

Getting an EIN is usually a straightforward process. I’ve created other videos that walk through it step by step, and if you’d rather have an attorney or accountant handle it, that’s always an option too.

The important thing is making sure the estate account is ready before closing day arrives.

A Little Preparation Prevents Big Delays

Most probate transactions don’t fall apart because of major legal issues.

Instead, they get delayed because someone missed one of these three common hurdles:

• The executor doesn’t have the required probate letters.
• The ownership structure wasn’t verified.
• The estate bank account wasn’t established before closing.

If you can address these items early, you’ll save yourself, your client, and everyone involved a lot of unnecessary stress.

Need Help With a Probate Property?

If you’re a real estate agent—or you’re handling an inherited property anywhere in Georgia—and you’d like a fast cash offer, I’d love to help.

I’ve worked with probate and inheritance properties throughout Georgia for years, and I understand the unique challenges these transactions bring. If you have questions or need help evaluating a property, reach out through ProbateHouseGuy.com. I’d be happy to discuss your situation and see if we’re a good fit.