Here’s a comprehensive list of questions real estate agents typically ask their broker about probate sales, along with explanations for each. These questions cover legal, procedural, and marketing aspects of probate transactions.
🧾 General Probate Process Questions
- What is a probate sale?
Explanation: Agents often ask this when encountering probate for the first time. It’s a property being sold as part of a deceased person’s estate, often subject to court oversight.
- How long does the probate process take?
Explanation: Agents want to manage client expectations. Probate sales can take months due to court timelines, creditor periods, and court confirmations.
- Do all probate sales require court approval?
Explanation: Not always. Full Authority under the Independent Administration of Estates Act (IAEA) allows the personal representative to sell without court confirmation. Limited Authority requires it.
📜 Legal & Documentation Questions
- What documents are required to list a probate property?
Explanation: Brokers may advise agents to gather:
- Letters of Administration or Testamentary
- Death certificate
- Court order (if Limited Authority)
- Signed listing agreement by the personal representative
- Who signs the listing agreement and disclosures in a probate sale?
Explanation: Only the court-appointed personal representative (executor or administrator) can sign.
- Do probate sales use the standard Residential Listing Agreement and RPA?
Explanation: Yes, but with Probate Listing Addendum and Probate Purchase Addendum forms.
- Are standard seller disclosures required in probate sales?
Explanation: Often, no. Executors are exempt from TDS, SPQ, and other seller disclosures unless they lived in the property.
🧑⚖️ Court & Legal Oversight Questions
- What is court confirmation, and when is it needed?
Explanation: Court confirmation is needed under Limited Authority. The accepted offer is subject to court review and possible overbids.
- What is the overbid process?
Explanation: At the court hearing, other buyers may bid higher than the original accepted offer. There’s a minimum formula (original price + 5% + $500).
- How do I know if the personal representative has full or limited authority?
Explanation: The Letters of Administration/Testamentary will state the level of authority granted under IAEA.
💰 Offers, Pricing, and Negotiation Questions
- Can I price a probate property like a regular listing?
Explanation: Yes, but some probate attorneys or representatives may require an appraisal or insist on pricing at market value or above.
- Can I accept contingencies in a probate offer?
Explanation: Yes, but with court confirmation, some attorneys prefer “as-is” and non-contingent offers.
- Are seller credits and repairs allowed in probate?
Explanation: Limited, especially under court-confirmed sales. The court may not approve adjustments post-acceptance.
🏘️ Marketing & Access Questions
- Can I put a For Sale sign and do open houses for a probate listing?
Explanation: Yes, but confirm with the attorney and representative, especially if court confirmation is pending.
- Can I use lockboxes on probate properties?
Explanation: Yes, but get permission from the representative, especially if the property is still occupied or subject to estate disputes.
🧮 Commission & Compensation Questions
- Is the commission negotiable in a probate sale?
Explanation: Yes. But if court confirmation is required, the court must approve the commission stated in the accepted offer.
- Who pays the commission in a probate sale?
Explanation: The estate pays, typically from the proceeds of the sale, subject to court approval.
- Is dual agency allowed in probate?
Explanation: Yes, but full disclosure is critical—especially with court oversight. Brokers may impose internal restrictions.
🏛️ Court Procedures & Hearings Questions
- Do I need to attend the probate court hearing?
Explanation: Usually yes, if court confirmation is needed, especially if you represent the original buyer or potential overbidders.
- Can I help a buyer make an overbid at the court hearing?
Explanation: Yes, but you must understand the court’s bidding process and bring a cashier’s check for the required deposit.
🚫 Risk & Liability Questions
- What are the risks of listing or buying a probate property?
Explanation: Delays, unclear title, family disputes, and court rejection are possible. Agents must disclose these risks to clients.
- What if there are multiple heirs or disputes?
Explanation: Only the court-appointed representative has authority. Agents should avoid direct dealings with heirs unless authorized.
📋 Additional Practical Questions
- Can the probate sale fall through after offer acceptance?
Explanation: Yes—especially if court confirmation is required or if disputes arise over authority or valuation.
- How do I check if a property is in probate?
Explanation: You can check county probate court records or ask the title company to verify if the deceased is still on title.
- Can I represent both the buyer and seller in a probate sale?
Explanation: Yes, with dual agency disclosure, but the court may scrutinize this more closely.