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MYTH: Heirs property cant be sold unless all of the heirs agree to it. FACT: Under certain circumstances, such as a forced sale through a partition action or a tax sale, the property can be sold without all heirs agreeing.
If no spouse, children, descendants of children, or parents survived the decedent, the brothers and sisters of the decedent and the descendants of any deceased brother or sister who predeceased the decedent will be the heirs. If none of the above were living at decedents death, then the grandparents will be the heirs.
In Georgia, the Executor or Administrator files a Petition to Discharge the Personal Representative to Close a Probate Estate. This Petition is filed after all of the debts, expenses and taxes have been paid, tax returns filed, and remaining assets distributed.
There is no deadline for settling a Georgia estate. Depending on the size of the estate, beneficiaries can anticipate the probate process to take anywhere from six months to several years. While there is no deadline, there are dispute deadlines that beneficiaries should consider.
If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they dont want, but they can be forced to sell.

People also ask

In order for an executor to get permission to sell an inherited Atlanta house in probate, the executor must file a petition in court to sell. With the help of your lawyer, write a petition stating that you would like to sell the house, the reason for selling it, and the terms and price of the sale.
There is no deadline for settling a Georgia estate. Depending on the size of the estate, beneficiaries can anticipate the probate process to take anywhere from six months to several years. While there is no deadline, there are dispute deadlines that beneficiaries should consider.
A spouse but no children, your spouse will inherit your entire estate. Children but no spouse, your children will split everything equally. This includes biological and adopted children. Both a spouse and one child, they will divide the estate equally.

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