Georgia Property Co.

HomeA house in an estate

You live in another state. The house is in Georgia. You can handle the estate from where you are.

Georgia lets a person who lives in another state serve as executor or administrator. Most of the work is paper and phone. You can take the oath before a court where you live or by video, file by mail or online in most counties, and sign the closing papers before a notary in your own town. The house is the part that needs someone on the ground.

By Fitz Hall, Georgia Property Co.

Can you serve if you do not live in Georgia?

Yes. Georgia law lets anyone 18 or older serve as a personal representative, no matter where they live or what country they are a citizen of. The court will not turn you down for a Florida or a New York address.

You will read that an out-of-state executor must name a Georgia resident as an agent, or post a bond, or show up in person. Most of that is old law. Georgia's code says anyone who is of age may serve "regardless of citizenship or residency" (O.C.G.A. 53-6-1), and the comment on that section says it replaced the older rule that limited who could serve from out of state. The resident-agent rule lived in the code the state replaced in 1998. Firms that still list it are reciting the old book. The state's own petition forms have no line for a resident agent. Bond works the same for everyone: none when the will waives it, required without a will unless every heir signs to waive it. A judge can still ask for a bond in a particular case, and that is a judge's call, not a residency rule.

One rule does hit out-of-state people. Your hometown lawyer cannot file for you in Georgia unless they team up with a Georgia lawyer. If you want a lawyer, hire one here.

Do you have to come to Georgia?

Usually not for the court part. Three things used to need a trip, and each has a way around it.

  • The oath. Georgia will not let a notary give it. But the court can send a short form, GPCSF 53, that lets a judge or clerk in your own state swear you in. Fulton County also gives oaths over Zoom on set days, and takes the signed oath back by email with a copy of your ID.
  • The filing. Most metro courts take petitions by mail, and several take them online. Chatham takes them by mail, drop box or appointment. Fulton makes you e-file a new estate and mail the originals within ten days.
  • The hearing. Many estates never have one. When every heir signs, the judge rules on the papers. If a hearing is set, Georgia's probate court rules let it run by video when the parties and the court agree. A judge can still order you to appear, so ask before you buy a plane ticket.

County by county: how to file, the oath, and the fees we found

Each probate court runs its own way. This is what we found on the courts' own sites. Where a cell says to ask the clerk, we could not confirm it and will not guess. Fees change. Treat them as close, not exact.

CountyHow to fileThe oathFees we foundCourt
FultonE-file a new estate online, then mail the originals within ten days. The north and south annexes take estate petitions in person.By Zoom on set days, or in person at an annex. No appointment needed.Ask the clerk.fultoncountyga.gov/probatecourt, 404-613-4070
DeKalbOnline through the court's e-filing system, or in person.Ask the clerk.Letters of administration about $159, plus about $40 for the notice.dekalbprobatega.com
CobbIn person or by mail. The court runs free monthly clinics for people filing on their own.Ask the clerk.Petition to prove a will about $210.cobbcounty.gov
GwinnettIn person or by mail. A free probate clinic twice a month gives 15-minute help sessions.Ask the clerk.Ask the clerk.gwinnettcourts.com
ClaytonIn person or by mail. No filing by email or fax.Ask the clerk.$10 per name to search for an existing estate.claytoncountyga.gov
ChathamBy mail, drop box or appointment.Ask the clerk.About $160 to open, plus about $185 for the notice in the Savannah paper.courts.chathamcountyga.gov

The house, from 800 miles away

The court can wait a few weeks. The house cannot. Three things go wrong on an empty house in the first month, and none of them need a court order to fix.

  • The insurance. Many policies change what they cover once a house sits empty for 30 to 60 days. Call the insurer, tell them the owner died, and ask what the policy does now. A fire or a burst pipe with no cover costs more than everything else on this page put together.
  • The tax bill. The homestead exemption belonged to the person who lived there. A surviving spouse who stays in the house can usually keep it, and an heir who moves in can apply in their own name, but an empty house loses it, and the next bill can be a good deal higher. The bill still comes in your parent's name, and it still counts. The county can sell it for back taxes whoever is on the deed.
  • The clock on a sale. If taxes are already behind, the county may already have a sale date. We can tell you in a day whether the house is on a list.
  • Eyes on the house. Someone needs to drive by every week or two. A neighbor, a relative, a property manager, or us. Mail piling up and a lawn gone long tell the whole street the house is empty.

Read next: Someone died and left a house in Georgia. Here is what to do about the house in the first two weeks. · Our late parent's house is behind on taxes in Georgia. What do we do?

Selling the house without flying down

First, letters. No buyer's closing attorney will close until you hold them. Second, the right to sell: the will gives it, every heir signs to give it, or the court grants it on a petition for leave to sell. Our page for the person the court named walks through all three.

After that, a sale from out of state looks like any other sale with one extra step. The closing attorney sends the deed and the closing papers to you by overnight mail or as a secure file. You sign in front of a notary where you live. The papers go back, the attorney records the deed, and the estate's money arrives by wire. People do this every week. The attorney will tell you which papers need a notary and which need only a signature.

One tax detail matters more for you than for a seller who lives here. Georgia keeps 3 percent of the sale price at closing when the seller lives out of state, unless the price is under $20,000 or an exemption applies. Whether that applies when the estate itself is the seller, rather than the heirs, is a question for the closing attorney before you sign anything. Ask it early. The answer can change the order in which you do the paperwork.

  • List it with an agent

    An agent near the house handles showings and the lockbox. You approve offers by phone and sign at closing from home. Plan on the fees, and on the house sitting while buyers decide.

    • Needs: letters
    • Needs: someone local for showings
  • Sell it direct

    A buyer who takes the house the way it stands, closes on the court's schedule, and does the cleanout. The price is below a full listing. The trips, the repairs and the months of holding costs are what you save.

    • Needs: letters
    • No showings, no repairs
  • Pass it to the heirs first

    A deed of assent moves the house to the heirs, who then sell it themselves. Every heir signs at closing. Out-of-state heirs can face the 3 percent withholding that the estate may not.

    • Every heir signs
    • Can change the tax at closing

What it costs and how long it takes

Court fees are small next to everything else. Opening an estate runs about $150 to $250 in the metro counties, plus $40 to $200 for the legal notice, plus certified copies at a few dollars each. A bond, if the court requires one, is bought from a surety company and priced on the estate's size. A lawyer, if you hire one, is the big line, and many estates are filed without one.

Time depends on signatures. When every heir signs the notice forms, letters can issue in a few weeks. When notice has to run because someone is missing or will not sign, plan on two to three months. The notice to creditors runs four weeks and closes three months after the last run. You can sell the house as soon as you hold letters and the right to sell. You do not have to wait for the creditor window to list it, but the money stays in the estate until the window closes.

You can be paid back for the trip. Georgia lets the personal representative recover what they spend on the estate, travel included, if the receipts are kept. The fee for the work itself is 2.5 percent of money in and 2.5 percent of money out, unless the will says otherwise.

If nobody opened the estate

Sometimes the call comes years later. Your father died, nobody filed, and the house is still in his name with the taxes behind. The steps are the same, just later. The court does not penalize a late filing. The county's penalties and interest have been adding up the whole time, so the sooner the better.

How we help from here

We are in Atlanta. For a family that is not, we are the local set of eyes and the one phone call. Send us the address and we pull what the county shows: the deed, the taxes owed, any sale date, and whether an estate has been opened. We can go look at the house, check the locks and send you photos. Then we go through the choices with a number beside each. If the choice is to sell during the estate, we can be the buyer, close on the court's timeline, and handle the cleanout so you do not have to fly down for it.

Questions people ask

Do I have to come to Georgia to be the executor?

Usually not for the court part. The oath can be given by a court where you live or by video, filings go by mail or online, and hearings can run by video when everyone agrees. The house is the reason most people make one trip.

Can I take the oath where I live?

Yes. The Georgia court sends a form called a commission, GPCSF 53, and a judge or clerk in your state swears you in. Fulton also does it over Zoom.

Do I need to name someone in Georgia as my agent?

No. Georgia law lets anyone of age serve regardless of residency (O.C.G.A. 53-6-1). The rule about naming a Georgia agent was in the old code, replaced in 1998, and the state's forms have no line for it. Some firm websites still repeat the old rule.

Can I sign the closing papers from home?

Yes. The closing attorney sends them, you sign before a notary in your state, and the deed is recorded in Georgia. The money comes by wire.

Does Georgia take tax out of the sale because I live out of state?

Georgia withholds 3 percent of the price from sellers who live out of state, with some exemptions. Whether that applies to an estate as the seller is a question for the closing attorney before you sign.

Who checks on the house while I am away?

Pick one person near it and give them a key. If there is no one, we can drive by, check the locks, and send photos.

Where these facts come from

Written by Fitz Hall and checked against these sources on October 15, 2026. This page explains how things work. It is not legal advice.

Handling a Georgia house from another state? Send the address. We will pull the deed, the taxes and any sale date, and we can go look.

Free. We are in Atlanta and can be at the house this week.

Prefer to talk? Call 678-379-6820