Legal Question in Wills and Trusts in Georgia

You unfortunately have misshandled things so far. Back in 2011 you should have probated the estate. It is not necessary to get a new loan. But until you do the probate you have no authority over the house and no ability to sell it. At this point, get a lawyer and get the will properly probated so you can begin to list the home for sale.

Who is "we?" You and your mother or do you have siblings? I agree with Attorney Ashman. In order to sell the property you are going to have to probate an estate for your mother. Start by going down to the probate court in the county/state wher your mother lived at the time of her death and where the house is located.

The important thing is who is the personal representative? That is the person who needs to probate the will and administer the estate. However, if that person is someone other than you and will not do it then you can do it.

If you want the house just keep paying the existing mortgage. The problem comes in if you want to sell the house. I also don't know what other debts, assets or beneficiaries there are so that is why you need to see about probating the estate.

Once the estate is settled, you do not need to change anything with the existing mortgage if you want to keep the house. The bank does not care as long as it gets money.