When a loved one passes, the funeral is planned, the service is held, and there is a natural desire to settle things quickly.

However, handling the physical loss can be faster than dealing with the financial legacy. Untangling the assets, including real estate, takes time.

Family dynamics can be complicated. Take my own family, for example. My grandma never approved of my aunt and uncle’s nearly 50-year relationship because they were never married.

That tension lingered for years and ultimately showed up in her will. She left my uncle only $1.00 out of her entire estate.

This is exactly why probate exists. It’s the court’s way of hitting “pause” to ensure the will is valid and to give interested parties a window of time to contest it before the assets disappear.

You cannot simply put a “Sold” sign up and hand over the keys the week after the funeral. If you are listing an estate property, you must ensure the probate process is already in motion.

Here are three rules for handling estate sales:

🛑 Wait for the Grant: Ideally, wait to list (or at least close) until the grant is officially issued by the court.

🛑 Avoid Holdback: Closing with holdbacks (keeping funds in a lawyer’s trust account pending probate) is risky for both the buyer and the estate if the will is challenged.

🟢 Consider Rentals: If a buyer absolutely must take possession before probate is complete, a temporary rental arrangement is a safer alternative than closing before probate.

Grief is exhausting. Families are dealing with emotional toil, funeral logistics, and often internal conflict. An Agent who understands the legal necessity of probate becomes an invaluable anchor.

By managing expectations upfront, you protect your clients from legal messes and establish yourself as a trusted advisor during their most difficult moments.

If you have questions or need guidance with an estate sale, don't hesitate to reach out. I'm here to help you and your clients navigate every step.

Erin