Your Attorney and Your Real Estate Agent: Who Handles What During Probate

Selling a home during probate often involves both a probate attorney and a real estate agent. Understanding where each one’s role begins and ends can make the process much less confusing.

What Your Probate Attorney Handles

A probate attorney guides the legal process of settling the estate, including filing court documents, confirming the executor’s or administrator’s authority, resolving disputes among heirs, and advising on the legal requirements specific to your state and county. If court approval is needed to sell the property, your attorney typically handles that process.

What Your Real Estate Agent Handles

A real estate agent handles the practical side of selling the property: pricing it accurately, preparing it for market, marketing it to buyers, negotiating offers, and managing the transaction through closing. An agent experienced in probate sales also understands how to work within the timelines and requirements a probate case can involve.

Where the Two Roles Overlap

Some steps benefit from both perspectives, such as reviewing a purchase contract before it’s signed or coordinating the closing timeline around court dates. A good attorney and agent will communicate with each other to keep the process moving smoothly.

Why You Likely Need Both

Trying to handle a probate sale with only one of these professionals often leads to delays or complications. An attorney generally isn’t equipped to market and sell a home, and a real estate agent typically isn’t licensed to give legal advice. Having both means each part of the process is handled by someone qualified for it.

Questions Your Attorney Can Answer That Your Agent Can’t

Things like whether probate is required in your situation, how to resolve a dispute between heirs, what your legal responsibilities are as an executor, and how proceeds should be distributed are all matters for your attorney.

Questions Your Agent Can Answer That Your Attorney Can’t

Things like what the home is likely worth in today’s market, what repairs are worth making before listing, how to prepare the home for showings, and how to evaluate a specific offer are all matters for your real estate agent.

Knowing which professional to call for which question can save time and reduce stress during an already difficult process. A real estate agent experienced in probate sales can also help you understand when it’s time to loop in your attorney.