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Under Georgia probate law, all heirs of the deceased are entitled to receive notice when the probate case is filed with the court. This is the case whether or not there is a will. Typically, the notice happens in one of two ways.
Technically the answer to 'can you sell a house before probate' is yes, yes you can. Although you will need probate to exchange and complete, nothing is stopping you from listing your house on the market and accepting any offers, if you get them, before being given the Grant of Probate.
In the state of Georgia, wills are generally considered public records available for viewing once they are filed with the probate court after the testator has died. Property deeds, likewise, are public once they are recorded.
If Probate is needed to administer your Estate after you die, then your Will becomes a public document and anyone can apply for a copy. It's important to bear this in mind when you write your Will, and avoid including any information that you wish to keep private.
You would go to the county government's website and search by name of the deceased. You may also be able to search by the court docket or attorney. You can also use the case number to search probate cases if you have it. Once you find the case record, you can look up the details.
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Is Probate Required in Georgia? Probate isn't always required in Georgia. It is necessary by law if the assets belonged solely to the deceased person with no named beneficiary or with the estate as the named beneficiary. If the assets were included in a revocable living trust, probate won't be necessary.
A buyer must make an offer accompanied with a 10% deposit, which the seller can accept or reject. The estate representative, through their Georgia probate attorney, will then submit to the court to validate the sale. Then a future date is set for the sale to be finalized in court, if all parties agree.
Probate can take several months to obtain and although you can put the property on the market for sale before Probate you cannot complete a sale without Probate so it is important that you make the Estate Agents and your Solicitors aware at the time of placing the property on the market that you do not have Probate at ...
Penalties for Failing to File a Will If the executor or person in possession of the will does not file it with the local probate court, \u201cthe probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered.\u201d (Georgia Code § 53-5-5).
Examples of non-probate assets include jointly owned assets with survivorship rights, life insurance policies, retirement accounts, property held in a trust, and so on. It's important for anyone who's planning their estate to review their beneficiary designations.

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