If I have a probate lawyer, why do I need a probate real estate agent?

Even the simplest probate sale (that proceed much like traditional home sale) has nuances that need to be done according to your state’s probate laws. You should use a real estate agent for any type of real estate transaction but a probate property requires some additional experience.

For example, a regular real estate agent may not know the correct probate procedure or to use probate specific forms when completing the sale. If either are incorrect at your final petition hearing, the probate judge will not close out probate. The need to make corrections can lead to rescheduling a new hearing weeks or months down the line

If you don’t have a probate agent, you’ll need to rely on your attorney to check over the probate sale documentation to ensure it will be approved by the courts.

Attorney’s fees get expensive when they’re spending hours doing the work a probate agent would do as part of their standard commission.

In some cases, especially if estate taxes are due, you may need to get a

specialized appraisal to establish the date of death value of the property. A probate agent will know if this is needed in your case and have relationships with trusted estate appraisers.

Probate sales have a timeline that must be adhered to—especially if the sale requires court confirmation. This is a complex process in which the probate property is sold in court through an auction-like proceeding called the overbidding process.

Prior to the court confirmation hearing, you and your agent need to list the home and accept an offer. In many states, you are then required to relist the probate property at the accepted offer price for a period of 30-45 days.

A real estate agent with probate experience will know these probate-specific procedures, timelines and deadlines that a regular agent won’t—preventing costly mistakes that could delay proceedings.