Hiring a Probate Realtor? Ask These Key Questions First
When a loved one passes away, selling the family home is often one of the biggest and most emotional tasks left to handle. It’s not just a real estate transaction—it’s a legal process that requires careful documentation, court approvals, and communication with multiple parties. And if your real estate agent doesn’t understand that? It can spell disaster.
One of the most common (and avoidable) issues we see is a property being listed—or even going under contract—without the legal right to sell it. Unfortunately, this happens more often than you’d think. When agents who are unfamiliar with probate or estate sales jump into the process, they can create serious delays, cause legal missteps, or even jeopardize the entire sale.
If you’re dealing with a passing in your family, it’s critical to work with a real estate agent who specializes in estate and probate transactions. The right agent can streamline the process, protect the estate’s fiduciaries from liability, and ultimately make a very difficult time a little bit easier. The wrong agent? They can cause a mountain of issues that take months (or more) to unwind.
Whether you’re an attorney, a personal representative (executor or administrator), or an heir, here are 7 essential questions to ask before selecting a real estate agent for an estate sale—and why the answers matter.
1. Have you handled probate or estate sales before? How many?
Probate sales aren’t like regular listings. They involve court timelines, legal documentation, and often multiple heirs or decision-makers. A qualified agent should be able to clearly explain how many estate properties they’ve sold, what unique challenges came up, and how they resolved them. If they’ve only done one or two—or worse, none—it’s worth reconsidering.
2. Can you explain the difference between a traditional listing and a probate sale?
This is a quick test of their knowledge. A probate-experienced agent should be able to explain how court involvement, required documentation, heir communication, and even property disclosures differ from a standard sale. If they can’t answer this confidently, it’s a sign they’re not ready to manage the complexity.
3. How do you help protect fiduciaries (executors, administrators, or conservators) from liability?
Fiduciaries have a legal duty to act in the estate’s best interest, and mistakes can lead to personal liability. A skilled agent helps minimize that risk by:
- Keeping thorough records of all communication and decisions
- Recommending appropriate inspections and disclosures
- Making sure the listing agreement reflects fiduciary roles
- Advising when legal counsel should be consulted
- Suggesting that the fiduciary not complete the Seller’s Property Disclosure (and instead use an exemption form), since most have never lived in the home and can’t accurately report its condition
These steps protect everyone involved from unintentional misstatements that could lead to legal trouble.
4. What vendors or services do you provide or recommend for estate property preparation?
Many estate properties require junk removal, locksmiths, cleaning, repairs, or staging. An experienced probate agent will already have a vetted list of service providers ready to go. This can save weeks of coordination and reduce the burden on the fiduciary.
5. Are you familiar with the court timelines and legal notices involved in probate sales?
In Colorado, the probate process differs depending on whether it’s formal or informal. A knowledgeable agent should understand:
- What documents are needed to legally authorize a sale
- How long it usually takes to obtain Letters Testamentary or Letters of Administration
- Whether court approval is needed to complete the sale
This ensures the property doesn’t hit the market—or worse, go under contract—before it’s legally allowed.
6. How do you handle emotionally sensitive family dynamics?
Probate sales often happen under emotional strain. Family members may be grieving, disagreeing, or feeling overwhelmed. A skilled agent brings calm, professionalism, and neutrality to the process. Their job is to keep everyone informed, respected, and on track—without taking sides.
7. Can you provide references from attorneys or clients you’ve worked with on estate sales?
Past performance matters. A seasoned probate agent should be able to share references or testimonials from attorneys, fiduciaries, or heirs who can speak to their knowledge, communication, and care. Don’t be afraid to ask for proof—they should welcome it.
Bottom Line: The Right Agent Makes All the Difference
Referring or hiring a real estate agent for a probate sale isn’t just about who’s available or who has the most listings—it’s about choosing someone who can handle the legal details, emotional complexity, and logistical challenges that come with estate property sales.
When you ask these seven questions, you’ll quickly see who’s qualified—and who’s not.
If you’re in the process of interviewing agents or just need a second opinion, we’re here to help. At Colorado Estate Services, our team specializes in probate and estate property sales. We’re happy to answer your questions, provide references, or walk you through exactly how we support attorneys, fiduciaries, and heirs—every step of the way.
Reach out today to learn more or to schedule a no-pressure consultation.