The executor or administrator can collect rent, but the funds go into a restricted estate account. Heirs cannot receive rental income distributions until probate closes. The executor must use rental income only for estate expenses (mortgage, insurance, taxes, maintenance) and must account for every dollar to the court. Distributions to beneficiaries happen at the end of the probate process, after the final accounting is approved.
How Much Does It Cost When Georgia Rental Properties Go Through Probate
In Georgia, probating a real estate investor's estate costs an average of $27,300 and takes 18 to 30 months. During that time, your family cannot sell the properties, refinance them, or receive rental income distributions. This article breaks down every cost — and what your family can do to avoid them.
Find Out Where You Stand
Why Real Estate Investor Estates Cost More in Probate
Georgia probate courts treat real estate investor estates as complex cases by default. A simple estate — one property, one bank account, no disputes — might close in 9 to 12 months and cost $10,000 to $15,000. A real estate investor’s estate with multiple rental properties, an LLC, or properties in other states is classified as complex.
Complex probate in Georgia runs 18 to 30 months and costs an average of $27,300. The extra time and cost come from several factors that are unique to rental portfolios: each property requires its own appraisal, ongoing management must be handled by the executor under court supervision, rental income flows into a restricted estate account, and tenants are caught in legal limbo about who manages the property and collects rent.
For the full picture of what happens to your rental properties when you die without a trust in place, see What Happens to Rental Properties When You Die in Georgia.
The 5 Costs Your Family Will Pay
Georgia probate is not a single bill. It is five separate cost categories that run concurrently over 18 to 30 months. Here is what each one looks like for a real estate investor’s estate.
1
Attorney Fees — $4,000 to $15,000+
Georgia does not set a mandatory fee schedule for probate attorneys. Most charge either an hourly rate ($350 to $450 per hour) or a percentage of the estate’s value (1% to 3%). For a real estate investor with $800,000 in properties, a 3% fee is $24,000 — just in attorney fees. Hourly-rate attorneys will not be able to quote a total upfront. Complexity adds hours, and rental property estates are complex.
2
Executor Commission — Up to 2.5% Paid Out
Under O.C.G.A. § 53-6-60, an executor in Georgia can charge up to 2.5% of money received into the estate and 2.5% of money paid out — up to 5% total across both directions. On an estate with $1,000,000 in rental property equity, that commission can reach $50,000. A family member serving as executor can waive this fee, but they are entitled to it under Georgia law and often take it.
3
Property Appraisals — $350 to $500 Per Property
Every piece of real property in the estate must be appraised before the court will allow distribution. For an investor with five rental properties, that is $1,750 to $2,500 in appraisal fees alone — before attorney and court costs are counted. If the estate is contested or a sale must be court-approved, a second appraisal is sometimes required.
4
Court and Filing Fees — $225 to $265 Plus
Georgia probate court filing fees run $225 to $265 for the initial petition. Additional filings — inventory reports, interim accountings, petitions to sell property — each carry their own fees. In counties like Fulton, filing fees are published on the court’s website. For an estate with multiple properties requiring separate motions for management authority, these fees accumulate over the 18 to 30 month process.
5
Accounting and Miscellaneous Fees — $1,000 to $5,000+
An estate with three rental properties, multiple tenants, and 18 months of rent collection requires professional accounting. Rental income flows into an estate account. Expenses for maintenance, taxes, and insurance must be tracked and reported to the court. CPA fees for estate accounting commonly run $1,000 to $5,000 for a real estate portfolio. Add in death certificate copies ($25 each, and you will need 10 to 20 of them), legal notice publication, and bond fees if required by the will or court.
What Probate Does to Rental Income
This is the cost most families do not calculate upfront: the ongoing cash flow that stops flowing during probate.
Rental income does not stop when the owner dies. Tenants keep paying rent. But that rent goes into a restricted estate account that no one can access for personal use until probate closes. The executor must collect it, report it to the court, use it only for estate expenses (mortgage, insurance, property taxes, maintenance), and account for every dollar.
No heir receives a rental income check during probate. The family does not receive distributions until the court approves the final accounting — which happens at the end of the 18 to 30 month process. If your portfolio generates $4,000 per month in net rental income, that is $72,000 to $120,000 in cash flow your family cannot access while probate runs.
For more detail on how Georgia law handles rental income after a property owner’s death, see What Happens to Rental Income When the Owner Dies in Georgia.
Out-of-State Properties Trigger Ancillary Probate
If you own rental properties in Georgia and in other states, Georgia probate does not cover the out-of-state properties. Each state where you own property requires its own probate proceeding — called ancillary probate — with its own court, its own attorney, its own fees, and its own timeline.
A Georgia investor with properties in Georgia, Florida, and Tennessee faces three separate probate proceedings. Nothing distributes until all three close. That means the 18 to 30 month Georgia timeline is the floor — it does not account for the Florida and Tennessee proceedings running in parallel or sequentially.
Out-of-state probate attorney fees commonly run $1,500 to $3,000 per state, not counting court fees and appraisals in each jurisdiction. An investor with properties in three states can easily spend $5,000 to $10,000 on ancillary proceedings alone, on top of Georgia’s base probate costs.
For more on this specific problem, see Out-of-State Rental Property and Probate in Georgia.
What Happens If Heirs Disagree About the Properties
Contested estates cost significantly more. If your heirs disagree about whether to sell a property, how to divide rental income, or who should manage the portfolio during probate, those disputes go before the probate court.
Contested hearings require each party to retain separate legal representation. Mediators may be required. Appraisers may be hired by both sides. Court dates are scheduled months apart. A contested probate for a rental property portfolio can exceed $50,000 in legal costs and extend beyond 30 months.
The court can force a sale of the property if the estate cannot pay its debts or if heirs cannot agree. A court-ordered sale typically occurs at a discount to market value — buyers know the estate is motivated and constrained. That discount commonly runs 10% to 30% below market. On a $300,000 rental property, a 20% forced-sale discount costs your heirs $60,000.
What This Costs Compared to an Estate Plan
The estate planning package for Georgia real estate investors at The Hive Law starts at $3,500 for a single-property plan. A revocable trust, deed transfer, and LLC operating agreement update. That plan prevents probate entirely — for every property properly transferred into the trust.
Each additional in-state property adds $550. Out-of-state properties are $1,100 per state — a fraction of what ancillary probate costs in that state.
The math is not close. A three-property Georgia investor might spend $5,000 to $6,000 on an estate plan. That same three-property estate going through probate costs an average of $27,300 in direct fees — and up to $120,000 in locked rental income over 30 months.
For a full breakdown of what an estate plan costs for a Georgia real estate investor, see How Much Does Estate Planning Cost for a Real Estate Investor in Georgia.
How to Avoid These Costs
A funded revocable trust eliminates probate for every asset titled in its name. For a real estate investor, that means transferring each rental property into the trust with a deed, and updating the LLC operating agreement so the trust owns the LLC interests — not the investor personally.
When the trust is funded correctly, there is no court proceeding. The successor trustee named in the trust takes over management of the properties on day one. Tenants keep paying rent. Properties do not sit frozen for 18 months. Heirs receive distributions on the timeline specified in the trust document, not on the court’s schedule.
The best structure for a Georgia real estate investor combines the revocable trust (for probate avoidance) with an LLC (for liability protection), with the trust owning the LLC. For a complete breakdown of that structure, see Best Way to Hold Rental Properties in Georgia for Estate Planning.
The Estate Planning for Your Real Estate Portfolio service at The Hive Law handles the full coordination: trust drafting, deed transfers for each Georgia property, LLC operating agreement updates, and successor trustee instructions specific to a rental portfolio.
$27,300
Average cost of probate for a Georgia real estate investor's estate
18 to 30
Months a rental property estate sits in Georgia probate
$0
Rental income distributions heirs can receive during probate
How It Works
1
A 15-Minute Call With Shawn
Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.
2
Melissa Designs Your Plan
She builds your estate plan from scratch based on your specific assets and family. You get an exact quote before you commit to anything.
3
Review Every Document With Melissa
Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.
4
Your Plan Is Complete
Melissa delivers your completed documents and explains exactly what your family needs to do. You leave knowing your plan is in place and your family is protected.
Melissa Breyer
Georgia Estate Planning Attorney
Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs every plan at The Hive Law and handles every client consultation herself. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.
113+ Five-Star Google Reviews
What Our Clients Say
After my father passed away, my mother had to rely on my father's employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to The Hive Law to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend The Hive Law!
Google Review
My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to The Hive Law and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. The Hive Law is the best decision I've made for my family's future.
Google Review
Working with Melissa Breyer to set up our Living Trust was a wonderful experience. She and her entire team were knowledgeable, professional, and made the whole process easy to understand. I highly recommend The Hive Law for all your estate planning needs!
Google Review
We highly recommend Hive Law. They were extremely helpful and professional in guiding us through the process of creating a Revocable Living Trust. Melissa and Shawn were thorough, answered all our questions, and made a potentially confusing process easy to understand.
Google Review
The Hive Law made the entire estate planning and trust process easy to understand and stress-free. Melissa and Shawn walked us through every step and answered all of our questions. We feel confident that our family is protected. Highly recommend!
Google Review
My mom chose The Hive firm to help with estate planning after my father passed away. They were very thorough in explaining every step of the process. They made a difficult time much easier to navigate. I highly recommend The Hive Law for anyone needing estate planning services.
Google Review
I used The Hive Law to help me create a trust for my family. The process was straightforward and Melissa and Shawn made sure I understood each step. They were responsive to all of my questions. I feel much more confident about my family's future now. Highly recommend!
Google Review
Working with Shawn and Melissa at The Hive Law has been a great experience. They are very knowledgeable and took the time to explain all of our options. They made the process of setting up a trust simple and stress-free. I would highly recommend them to anyone needing estate planning.
Google Review
The Hive Law Firm, and specifically Melissa, has been wonderful to work with during our estate planning process. She is knowledgeable, patient, and thorough. She answered all of our questions and made the process easy to understand. I highly recommend The Hive Law!
Google Review
Shawn and Melissa were amazing to work with! My partner and I recently bought a house and wanted to get important things like wills, healthcare directives, etc. set up. They were incredible at answering all our questions and working with us to make sure we felt confident in all of the legal aspects. Having tried to do this online before with one of the DIY tools, it was just an amazing experience to get to talk through what we wanted with a knowledgeable human and have them take care of the details.
Google Review
Hive Law was awesome to work with! Melissa and Shawn explained everything, kept things stress-free, and were always quick to respond to my questions. They made the whole process simple and smooth from start to finish. Highly recommend if you want a team that's knowledgeable but also easy to work with.
Google Review
I lost my father in February of this year without any estate planning in place. The process of dealing with the probate court has been overwhelming and expensive. After this experience, I contacted The Hive Law to set up a trust so my children never have to go through what I've been through. Melissa and Shawn were compassionate, knowledgeable, and made the entire process simple. I highly recommend The Hive Law!
Google Review
I used to know the bare minimum about probate and trust. I first encountered Shawn Breyer on Facebook. He was offering a webinar that I watched. That gave me a better understanding of probate versus trust. I was impressed enough to have him and his wife represent me. I had my initial one on one interview with Melissa Breyer, it went smoothly and she made everything clear. We are now proceeding with getting a revocable trust in place.
Google Review
The Hive Law has been amazing throughout the process of setting up our trust. Every detail is considered and no stone is left unturned. They have been easy and enjoyable to work with. I would absolutely recommend them! Don't let your estate be turned over to Probate!!
Google Review
Frequently Asked Questions
Yes, if the properties are titled in the owner’s personal name or owned by an LLC that isn’t connected to a trust. Georgia law requires probate court supervision before title to real property can transfer to heirs. The only way to avoid probate for rental properties is to transfer them into a funded revocable trust before death, or to use a transfer-on-death deed for single-property owners.
The executor or administrator can collect rent, but the funds go into a restricted estate account. Heirs cannot receive rental income distributions until probate closes. The executor must use rental income only for estate expenses (mortgage, insurance, taxes, maintenance) and must account for every dollar to the court. Distributions to beneficiaries happen at the end of the probate process, after the final accounting is approved.
A Georgia real estate investor’s estate is treated as complex by the probate court. Complex Georgia probate runs 18 to 30 months. The added time comes from multiple property appraisals, ongoing management reporting, creditor notice periods, and the requirement to account for rental income over the probate period. Out-of-state properties extend the timeline further because each state runs its own proceeding.
Yes, but only with court approval unless the will specifically grants the executor that power. The executor must petition the court, obtain an appraisal, give heirs notice, and wait for the court to authorize the sale. Court-supervised sales often result in a 10% to 30% discount below market value because buyers know the estate is under timeline pressure. Proceeds from any sale go into the estate account, not to heirs directly.
Ancillary probate is a separate court proceeding required in each state where a deceased person owned real property. Georgia probate court only has jurisdiction over Georgia property. If you own rental properties in Florida, Tennessee, or any other state, each of those states requires its own probate proceeding with its own attorney, its own court fees, and its own timeline. Nothing in the estate distributes until all probate proceedings, in all states, close.
The most reliable method is a funded revocable trust. Every Georgia rental property must be retitled into the trust with a new deed. For properties held in an LLC, the LLC operating agreement must be updated to allow the trust to own the LLC interests. When this is done correctly, the successor trustee named in the trust takes over management on the day the owner dies — with no court involvement and no probate delay. A transfer-on-death deed is available in Georgia for single-property owners but has significant limitations for investors with multiple properties.
Find Out Where You Stand
A free 15-minute call. You will leave knowing exactly what you have, what you are missing, and what it costs to fix it.
Free Webinar
Not Ready Yet?
Join our free live webinar to learn what every Georgia family needs to know about protecting their home, their savings, and their family.
Free Webinar