Detailed Answer

Short answer: In Georgia, co-owners who need to sell jointly owned real estate to raise money for funeral bills and property taxes should first try to reach an agreement among themselves. If the co-owners cannot agree, a co-owner can ask a court to force a sale through a partition action. Which route is fastest and least costly depends on whether the co-owners cooperate, whether one owner is deceased (and their interest is in a probate estate), and whether there are tax liens or other encumbrances on the property.

Who can sell the property?

If all owners hold title together as joint tenants with right of survivorship, surviving joint tenants typically remain owners and can sell the property. If owners hold title as tenants in common, each co-owner owns a share and any co-owner may sell their own share, but selling just a share usually does not remove the other owners. To sell the whole property you need all owners to agree or you must ask the court for a partition.

When a co-owner has died

If one co-owner died and their interest passed to an heir or through probate, the decedent’s share may be controlled by a personal representative (executor/administrator) during probate. Probate procedures determine who can sign to sell the decedent’s interest and how estate assets are used to pay funeral expenses and taxes. See Georgia probate resources for details: Georgia Courts — Administration of Estates.

Paying funeral expenses and property taxes from the sale proceeds

Funeral expenses: If the decedent’s estate has assets, Georgia probate rules allow reasonable funeral expenses to be paid from the estate before distribution to heirs. If there is no estate or little in the estate, co-owners sometimes pay funeral costs personally and seek reimbursement from estate assets or from the sale proceeds when title is cleared.
Property taxes and tax liens: Property taxes are a lien on the property. Unpaid property taxes can result in tax penalties and eventually tax sale. Before any sale, check with the county tax commissioner or the Georgia Department of Revenue about outstanding taxes or liens. Official property tax guidance: Georgia Department of Revenue — Property Tax.

Practical options to sell and cover costs (ranked by preference)

Agreement to sell by all co-owners. If all co-owners agree, sign a written agreement that allocates proceeds, pays outstanding taxes, and handles funeral expense reimbursement. Use a closing attorney or title company to clear any liens and distribute net proceeds.
Buyout. One owner buys out the others for an agreed price based on an appraisal. This avoids a public sale and can be faster and cheaper.
Sell through probate (if applicable). If the deceased owner’s share is part of a probate estate, the personal representative may be able to sell estate property subject to probate rules; proceeds pay debts (including funeral costs) and then distribute to heirs. See Georgia probate resources above.
Partition action (court-ordered sale). If owners cannot agree, a co-owner can file a partition action in superior court to divide or sell the property. Courts prefer physical division when practicable; if division is impractical, the court will order sale and division of proceeds. Partition litigation adds time and expense and can take many months. For information about partition actions, consult the Georgia Code on property and partition (Title 44): OCGA Title 44 — Property.

Steps to take now

Identify all co-owners on the deed and how title is held (joint tenants with right of survivorship vs tenants in common).
Get a current payoff and lien report from the county clerk or title company. Check for unpaid property taxes at the county tax office and see whether a tax lien or tax sale is pending.
If the owner died, determine whether a probate case is open and who the personal representative is. Contact the probate court named in the county where the decedent lived.
Try to reach a written agreement among owners about selling or a buyout. Put terms in writing and plan for payment of taxes and funeral expenses from net proceeds.
If agreement is not possible, consult a Georgia real estate attorney about a partition action or about the personal representative’s authority under probate law. The Georgia Courts site can help locate local court and probate information: Georgia Courts.

What to expect at closing

The closing process will require title work to confirm ownership, payoff of any mortgages or liens, payment of delinquent property taxes from proceeds, payment of closing costs, and distribution of remaining proceeds to owners according to the ownership shares or an agreed split. If the decedent’s share must first satisfy funeral expenses or creditor claims, the probate process may control distribution timing.

Common pitfalls to avoid

Assuming you can sell the whole property without all owners’ agreement (unless you pursue partition).
Ignoring outstanding tax liens or mortgage liens — they travel with the property and must be cleared at closing.
Waiting too long on unpaid taxes — counties can proceed with tax sale procedures.
Failing to document agreements in writing — verbal agreements lead to disputes.

When to hire an attorney

Talk with a Georgia real estate or probate attorney if any of the following apply: co-owners can’t agree; a co-owner has died and probate is involved; there are liens or tax-sale threats; or you expect litigation. An attorney can explain partition rules, help prepare a buyout or sale agreement, handle probate sale authority, and represent you in court if needed.

Relevant Georgia statutory resources

Georgia Code — Title 44 (Property): https://www.legis.ga.gov/legislation/ocga/44
Georgia Code — Title 53 (Executors, Administrators, and Decedents’ Estates): https://www.legis.ga.gov/legislation/ocga/53
Georgia Code — Title 48 (Revenue and Taxation — property tax rules): https://www.legis.ga.gov/legislation/ocga/48
Georgia Courts — Administration of Estates (probate info and forms): https://www.georgiacourts.gov/administration-of-estates/

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Georgia attorney.

Helpful Hints

Start by getting a current deed and county title/lien search so you know who owns what and what debts attach to the property.
Check county property tax records immediately — paying taxes or arranging a swift sale can prevent a tax sale.
If funds are urgently needed to pay for a funeral, ask co-owners whether a short-term loan or personal contribution can cover costs until a sale is completed to avoid rushed or distressed sales.
When negotiating with co-owners, document everything in writing and use a neutral third party (mediator or attorney) if emotions are high.
If you consider a partition action, ask an attorney for a realistic estimate of timeline and costs; sometimes a mediated buyout is cheaper and faster.
Keep all receipts and records if you end up claiming reimbursement for funeral expenses from estate or sale proceeds.
Use a licensed closing attorney or title company for the sale to ensure liens and taxes are handled correctly.