Legal Question in Wills and Trusts in Georgia

Yes. The general rule is that the heirs cannot get property before the debts are paid. By property, I mean land, cars, money/stocks or other valuable items.

If there is enough money in the estate, all claims are paid. If there is not enough to pay the bequests, then gifts are adeemed (not paid/distributed) in a certain order. If there is not enough money in the estate, the heirs get nothing and theg claims are paid in priority as specified by state law where the estate is being probated.

You do not indicate what property (whether land or personalty) is contemplated for sale. You also do not indicate where the estate is being probated. Many states have different laws when it comes to real property. In some states the executor has to seek permission from the court unless the will provides the authority to sell. Other states provide that title vests in the heirs but the executor can take control. Some states provide that once the real property is sold and claims are paid, then the balance has to be returned to the beneficiary of that property and not for general distribution to the other heirs under the will. Its very complicated.

My advice would be to consult a probate attorney in the county/state where the main estate is being probated. Let the attorney review the will, if any (although I assume there is one as you indicate that you were left certain items), the inventory and any claims that have been filed and advise you as to your rights and to make sure that the executor is properly paying claims and distributing assets.