FOLLOW YOUR PATH

"Handling the sale of an estate property can feel overwhelming — emotionally, legally, and logistically. Having the right team in place can make all the difference."

When a loved one passes away, the responsibility of selling their home or real estate often falls to the executor, trustee, or personal representative. This process involves a few unique steps that differ from a traditional home sale, especially if probate or multiple heirs are involved.

Not every estate requires an attorney, but having one can be incredibly helpful in certain situations. You may want to consult or hire an estate or probate attorney if:

• The property is still in the deceased person’s name and needs to go through probate.
   
• There are multiple heirs or potential disputes among beneficiaries.
   
• The estate includes significant debt, liens, or tax concerns.
   
• You’re unsure of your legal authority to sell.
   

If you’re not sure whether you need an attorney, start by requesting a consultation with one who specializes in probate or real estate law. They can review the estate documents, verify your legal standing, and explain the process clearly before you take any major steps.

The first step is confirming who has the legal right to sell the property. If there’s a will, the executor named in the document typically takes this role. If there isn’t a will, the court will appoint an administrator or personal representative through the probate process. This person will have the authority to sign listing documents, contracts, and closing papers.

Before listing, collect all relevant paperwork. This includes:

• The will or trust documents (if applicable)
   
• The death certificate
   
• The property deed
   
• Mortgage or lien information
   
• Tax records and homeowner’s insurance details
   
• Any HOA or utility account information
   

Having these ready speeds up both the listing and closing process later.

Next, your real estate agent will prepare a market analysis to determine a fair value for the property. Estate homes sometimes need updates, cleaning, or repairs — especially if they haven’t been occupied for a while. A pre-listing inspection can be helpful to uncover potential issues early and allow you to decide which repairs (if any) are worth completing before sale.

Keep in mind: in many cases, selling “as is” can still attract qualified buyers if the property is priced appropriately. The key is to understand your local market and the home’s condition honestly.

Presentation matters — even in estate sales. Cleaning, decluttering, and addressing simple cosmetic updates can make a significant impact on how the home shows. Some families choose to hire a professional estate clean-out or staging company to help with this process.

If personal items remain in the home, make sure all heirs agree on what will be kept, donated, or sold before listing. Clear communication between family members can prevent issues later.

Once the property is ready, your agent will list it on the MLS and launch a marketing plan that may include professional photography, online advertising, and open houses. Your agent should highlight key details such as estate ownership, condition, and any special terms related to probate timelines.

Pricing the home correctly from the start is crucial. Estate homes priced too high can sit on the market for months, while those priced strategically tend to draw strong offers quickly — especially from investors or buyers seeking opportunity properties.

When offers come in, your real estate agent will review the price, terms, and contingencies with you. Some buyers may request extra time for inspections or financing, especially if the home is being sold “as is.”

If the sale requires court approval (common in probate situations), your attorney and agent will work together to ensure all legal steps are followed properly.

Once under contract, the buyer will order an inspection and the lender (if applicable) will order an appraisal. Your agent will help you navigate repair requests, negotiation points, and timelines. If issues arise, clear communication between the executor, heirs, and professionals involved is essential to keep things moving smoothly.

At closing, the settlement statement will outline all financial details — the sale price, mortgage payoffs, taxes, title fees, and the net proceeds distributed to the estate or heirs. The attorney or title company will handle the legal transfer of ownership, ensuring all documents are signed correctly and funds are released appropriately.

Selling an estate property involves more than listing a home — it requires sensitivity, organization, and legal precision. The right real estate agent understands how to market estate homes effectively and work closely with attorneys, title companies, and family members. The right attorney ensures every legal requirement is met, protecting the estate from future disputes.

Together, these professionals help you honor your loved one’s legacy while making sure the process is handled correctly, efficiently, and with care.

LET US DO THE WORK !