Selling a probate property isn’t like a regular home sale. There are legal steps, emotional weight, and extra financial risks involved. Many families walk into this process unprepared—and pay for it in delays, disputes, or missed profit.
Whether you're handling the estate of a parent, grandparent, or loved one, here are the top 5 mistakes to avoid when selling a probate property.
1. Skipping the Probate Process (or Not Understanding It)
Why it matters: You can’t legally sell a home in probate until the court authorizes it. Period.
The mistake: Some families list the property too early or accept offers before getting Letters of Administration or Letters Testamentary. This creates legal headaches and can void deals.
What to do instead: Work with a probate attorney or experienced probate real estate agent who can guide you through the timeline and court requirements. Get everything cleared before putting the house on the market.
2. Choosing the Wrong Real Estate Agent
Why it matters: Probate sales aren’t typical real estate deals. They require knowledge of court timelines, disclosures, and legal filings.
The mistake: Many families use a friend or general agent who doesn't understand probate. This often leads to missed paperwork, undervalued listings, and deals that fall apart.
What to do instead: Hire an agent who specializes in probate property. Ask for experience, not just a license.
3. Fighting Over the Property Instead of Creating a Plan
Why it matters: Multiple heirs often means multiple opinions—and potential conflict.
The mistake: Families argue over pricing, repairs, or what to do with the home. Without a unified strategy, nothing moves forward, and tensions rise.
What to do instead: Appoint one executor or representative to manage decisions. Get everything in writing. If needed, bring in a mediator to resolve disagreements before they derail the sale.
4. Letting the Property Sit Too Long
Why it matters: Vacant homes lose value fast. They attract vandalism, weather damage, and squatters.
The mistake: Some families let probate drag on for months (or years), thinking they’re avoiding conflict—but it often costs them more in the end.
What to do instead: Start preparing for sale as soon as legally allowed. Clean it out, make necessary repairs, and price it right to sell quickly.
5. Overpricing or Underpricing the Home
Why it matters: Probate homes are often outdated or need repairs, but they still have market value—especially in hot areas.
The mistake: Some heirs price emotionally high (“It’s worth more because it’s our parents’ house”), while others lowball it for a quick sale.
What to do instead: Get a professional market analysis. Don’t rely on guesswork or Zillow. A probate-savvy real estate agent can help you hit the sweet spot that attracts serious buyers.
Final Thoughts
Selling a probate property doesn’t have to be painful—but it does require the right plan and professionals. Avoiding these five common mistakes can save your family time, money, and stress during an already emotional period.
If you're dealing with probate and don’t know where to start, reach out. We specialize in guiding families through every step of the process—legally, ethically, and profitably.


