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6 Common Mistakes to Avoid When Selling a Probate Property

While the task may be challenging, the approach to selling your home including setting the price, is entirely in your hands. The sale of a probate property is notably more complex than a traditional home sale due to the numerous transactions involved. Mistakes are often made in relation to paperwork, deadlines, and specific requirements for officials. If you’re a newcomer to the real estate industry, it’s beneficial to familiarize yourself with the most frequently committed errors.

Property Left Unmonitored

Upon the demise of the previous property owner, it’s crucial to maintain the real estate effectively to initiate a probate sale. Neglected damages could pose challenges when applying for a home loan to rectify them, as most lending institutions and loan companies typically avoid financing vacant homes with structural issues like leaks and cracks. Additionally, potential disputes among property stakeholders could arise. 

As the house’s condition can worsen over time, this could lead to code violations. Inspecting the property promptly after gaining possession from the original owner is advisable. When contemplating selling a probate property, engaging an experienced agent who can facilitate smooth transactions is beneficial. Seek a reputable home buyer who can expedite the sale of your house, ensuring minimal delays and maximum returns on the transaction.

Hiring Inexperienced Professionals

Selling a home in probate is a task that is nearly impossible to accomplish without the significant support of a seasoned probate lawyer and a real estate professional who is conversant with your local probate regulations and protocols. 

Irrespective of whether you are named the executor in the will or appointed by the court, it is crucial to assemble an excellent team to facilitate a successful property sale. A probate attorney is instrumental in procuring the necessary court documents, crafting and submitting the probate petition, and representing your interests before the presiding judge of the estate. This legal expert also assists in:

  • Collecting any funds from life insurance policies
  • Addressing income tax issues
  • Offering general counsel throughout this intricate process

Your real estate probate specialist guides you through the intricate aspects of the property transaction. This includes handling specialized contracts and documentation required by your area’s probate laws. A high-caliber agent provides advice and helps navigate various conflicting interests to ensure a successful sale.


The last thing you need is to commit errors that land people in legal hot water. One of the quickest routes to trouble is through procrastination. Delaying home approval for sale, listing it post-approval, and similar time-sensitive errors can result in severe repercussions. It’s crucial to realize that this is not the moment for trial and error to avoid catastrophe.

Having a clear understanding of your responsibilities, you must not delay or extend the process further. Collaborating with a seasoned probate real estate agent can assist you in accomplishing precisely this.

Inappropriate Management of Property Disclosures

Laws regarding real estate disclosure dictate the information that sellers need to share with prospective buyers prior to finalizing a property sale. These regulations vary considerably across different states, but most mandate that sellers and their representatives disclose any significant flaws in the property in written form.

The National Association of Certified Home Inspectors defines these substantial flaws, or “material defects”, as issues that could potentially decrease the property’s value or pose a serious risk to the buyer’s safety. Examples include faulty electrical wiring or a gas leak.

Navigating the intricacies of property disclosure during a typical home sale can be challenging, often requiring the expertise of a lawyer or seasoned real estate agent. The situation becomes even more complex in the case of probate real estate. In some jurisdictions, personal estate representatives may be excused from completing the standard real estate disclosure forms required in their area.

Not Taking Extended Sale Durations into Consideration 

A common oversight by executors when selling a property in probate is the failure to consider the duration of the sale process. The sale of a probate property can stretch over several months, which could be both taxing and time-demanding. If you’re not mentally prepared for this extended timeframe, it may lead to frustration and a sense of stagnation.

Disposing of it Without Authority

In the event that a property is bequeathed to you, ownership transfers to you upon the previous owner’s death. However, this doesn’t grant you unlimited freedom with the probate property. There may be unpaid bills or mortgage dues associated with it. If the value of the property can’t cover these debts, you could be heading for trouble. 

Having to purchase mortgage life insurance to clear the debt of someone who has passed away can be a distressing ordeal. Prior to listing the property for sale, inform the relevant authorities. Seeking advice from a real estate attorney can expedite the process.


If you are considering selling a property under probate, seek guidance from a seasoned real estate agent who can ensure the process is seamless and straightforward. Identify a credible home buyer who can expedite the sale of your house, ensuring there is no delay while maximizing your profit from the transaction.


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About the Author

Kaya Wittenburg

Blog Author and CEO

Kaya Wittenburg is the Founder and CEO of Sky Five Properties. Since the age of 10, real estate has been deeply ingrained into his thoughts. With world-class negotiation and deal-making skills, he brings a highly impactful presence into every transaction that he touches.

He is here to help you use real estate as a vehicle to develop your own personal empire and feel deeply satisfied along the way. If you have an interest in buying, selling or renting property in South Florida, contact Kaya today.

Feel free to call me at: (305) 357-0635
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