Detailed Answer

Disclaimer: This is general information only and is not legal advice. Laws change and every estate is different. Consult a Georgia probate attorney or your local probate court before taking action.

Overview — what an executor (personal representative) must do to sell real property to pay estate debts in Georgia

As the executor (personal representative) in Georgia you have duties to collect assets, notify creditors and beneficiaries, pay valid debts and taxes, and distribute any remaining property. Selling real estate to pay estate debts is commonly done, but you must follow probate procedure and any limits in the will or Georgia law.

Key legal sources

Georgia Probate law and distribution rules are found in the Official Code of Georgia, Title 53 — Property and Probate. See the Georgia Code: O.C.G.A. Title 53.
Your local Georgia Probate Court handles appointment of the personal representative (executor), notices, petitions for authority to sell, and final accounting. See: Georgia Courts (Probate information).

Step-by-step process

Locate the original will and open probate / obtain letters.

File the will (if there is one) and a petition in the local Probate Court to open the estate. The court issues letters testamentary or letters of administration that formally authorize you to act as personal representative. You generally cannot transfer title or sell estate real property until you have that authority and have followed notice rules.
Identify and secure estate assets, including the real property.

Make an inventory of estate assets and secure the property (change locks if needed, maintain insurance). Order a professional appraisal or broker price opinion so you know fair market value before listing or selling.
Notify known creditors and publish notice to unknown creditors.

Georgia procedure requires notice to creditors so they can present claims against the estate. You must provide notice to known creditors and typically publish a notice for unknown creditors in accordance with Probate Court requirements. Timing and form of notice affect creditors’ ability to make claims; follow the Probate Court instructions or the applicable Georgia code provisions in Title 53.
Determine whether you need court authorization to sell the property.

Check the will: some wills include specific authority for the personal representative to sell real estate without further court approval. If the will grants express power of sale or an unrestricted general power to administer assets, you may be able to sell under the will’s authority. If the will is silent or you are the administrator (no will), you will generally petition the Probate Court for an order authorizing the sale—especially if the sale is to pay debts or if a buyer or title company requests court confirmation. When in doubt, request court approval to avoid later challenges.
Prepare a petition for sale (if required) and provide notice to interested parties.

A petition for authority to sell will describe the property, the reason for sale (to pay debts, expenses, taxes), proposed sale terms, and the proposed distribution of proceeds. Probate Court will set any required hearing and may require notice to beneficiaries and creditors so they can object. If the court approves, it will sign an order authorizing the sale and specifying any conditions (e.g., confirmation by the court, minimum price).
Market and accept an offer; close the sale with proper documentation.

If you have authority to sell, engage a real estate agent or broker, accept an offer, and proceed to closing. The deed must be executed in your capacity as personal representative; depending on the court order you may need the court’s signed order recorded with the deed or a certified copy of your letters testamentary. Use a title company experienced with probate closings to ensure the buyer obtains clear title and to handle payoff of mortgages and liens at closing.
Apply sale proceeds to debts and administration in the correct order.

Pay estate administration expenses (court costs, funeral expenses, attorney fees), secured debts (mortgages and liens), taxes, and then unsecured creditors according to Georgia’s priority rules. Keep detailed records and get receipts or releases from creditors paid from sale proceeds.
File final accounting and close the estate.

After debts are paid and distributions made, file a final accounting with the Probate Court and ask for discharge of the personal representative if required. Obtain the court’s approval to ensure you are released from liability for your administration acts.

Common practical requirements, problems, and tips

If the property has a mortgage or other lien, the lienholder generally must be paid at closing or have its lien otherwise resolved. The buyer’s title company will typically insist on lien payoff documentation.
Title issues (missing heir, unresolved lien, boundary disputes) can delay or block a sale. Consider a quiet-title action or court confirmation if title is not marketable.
Some buyers or lenders will request a court confirmation sale (a supervised sale) to remove risk of later claims; if the court ordered the sale you may have to return to court for confirmation and distribution approval.
Always keep estate and personal funds strictly separate. Deposit sale proceeds in an estate account and maintain clear records of all receipts and disbursements.

Helpful Hints

Contact the local Probate Court clerk early — they can explain filing steps, required forms and local notice rules.
Get a probate-savvy title company or closing attorney involved before marketing the property; they can identify title requirements and necessary court documents.
Obtain a professional appraisal before sale to justify the price to beneficiaries and the court.
Provide written notice to known creditors and publish notice for unknown creditors per the Probate Court’s instructions so you limit the window for late creditor claims.
If the will grants explicit sale authority, keep a copy of the will clause and your letters testimony with closing documents so the deed can be recorded without delay.
Consider hiring a probate attorney if the estate has complex assets, disputes among beneficiaries, unclear title, or significant creditor claims—this can reduce the risk of personal liability later.
Keep meticulous records of marketing, offers, negotiations and the sale contract; you may need them for court accounting or to defend objections.
Remember tax considerations: Georgia does not currently have a state estate tax, but federal estate tax and income tax issues may apply. Consult a tax professional as needed.

Where to find forms, statutes, and local rules

Georgia Code, Title 53 (property and probate): https://www.legis.ga.gov/ga-code/title/53
Georgia Courts (general probate information and links to local probate courts): https://www.georgiacourts.gov/
Contact your county Probate Court for local procedures and forms (county probate clerks handle filings, notices and hearings).

Final note: Selling estate real property involves legal, title and tax issues that can create personal liability for the personal representative if not handled correctly. When in doubt, obtain court authorization for the sale or consult a qualified Georgia probate attorney.