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When a parent passes away and leaves property to their children, it can bring families together—or drive them apart. One common issue? Disagreements over what to do with inherited property.
If you’ve inherited a home or land along with your siblings, you might wonder:
Can one of them sell it without your permission?
In Georgia, the short answer is no—not without legal authority. But the longer answer depends on how the property was left and how the estate is structured.
Let’s break it down.
Was the Property Left in a Will?
If your parent had a will that names you and your sibling as co-heirs of a home, then you jointly own that property after the estate is settled.
This is called tenancy in common, and it means:
- Each heir owns a share of the property
- One sibling cannot sell the entire property without the consent of the others
- Each owner has the right to use the whole property unless otherwise agreed
So, your sibling can sell their own share, but not yours—and they can’t force you to sell without taking legal action.
What If the Estate Hasn’t Been Settled Yet?
If the estate is still going through probate and title hasn’t transferred, then only the executor or administrator can sell the property—and only if:
- The will authorizes it
- Or the court approves the sale
If your sibling is the executor, they still must act in the best interest of all heirs and follow the terms of the will and Georgia probate law.
👉 Related: What Can a Co-Executor on a Will Do?
What If There Is No Will?
If your parent died without a will (intestate), Georgia’s intestate succession laws determine who inherits the property.
Once the probate court appoints an administrator, the estate will be distributed to the heirs. If you and your sibling are the heirs to the home, you’ll again hold title as tenants in common.
That means no sibling can sell the whole property alone.
👉 Explore: Georgia Inheritance Laws With a Will
What If One Sibling Wants to Sell—and the Other Doesn’t?
This is where it gets complicated. If you can’t agree on what to do with the property, your sibling may take legal action through a partition lawsuit.
In Georgia, a partition action allows a co-owner to ask the court to:
- Divide the property (if it’s possible)
- Or order a forced sale, with proceeds split among co-owners
This is usually a last resort, but it can and does happen—especially when emotions run high or there’s no agreement.
How to Handle Inherited Property Disputes
To avoid a legal mess (and damaged family relationships), consider:
- Buying out your sibling’s share
- Agreeing to rent the property and split income
- Selling the property and dividing proceeds
- Putting the property in an LLC or trust for easier management
If communication breaks down, a Georgia estate attorney can help mediate or take legal steps to protect your interests.
👉 Read: Why Families Fight Over Inheritance—and How to Prevent It
Final Thoughts
A sibling cannot legally sell an inherited property in Georgia without your consent—unless they own the entire property or a court orders it sold. If you’re facing a dispute over inherited property, don’t wait for it to escalate.
At Hurban Law, LLC, we help families resolve inheritance and real estate issues with clear legal guidance. Whether you’re navigating probate or need help protecting your share, we’re here to assist.
Contact us today to schedule a consultation.
