I am in the process of selling a home for a client and it is an Estate sale because his son passed away suddenly. I wanted to provide, below, some of the considerations.
I wanted to mention separately that there are special considerations when a divorce and minor children are involved. Unfortunately, the son did not have a will.
This is a situation that has to be remedied before the sale can go through because the title can’t be transferred without dealing with the proceeds that involved the children’s rights.
If you are in the midst of having to do this, please call me. I believe I can help with my knowledge and an attorney we use to help with these situations.
Selling a home as an estate sale is pretty common, but there are a few extra steps compared to a normal sale. Here’s a clear, practical rundown 👇
1. Make sure you have legal authority
Before anything else, someone must have the legal right to sell the property.
- If the owner left a will → the executor named in the will usually handles the sale.
- If there’s no will → the court appoints an administrator.
- In many cases, the home must go through probate before it can be sold (rules vary by state).
👉 A real estate attorney or probate attorney is often worth it here.
2. Confirm probate requirements
Depending on the situation:
- The court may need to approve the sale
- There may be timelines or required notices to heirs
- Sale proceeds are usually distributed after debts and taxes are paid
Some estates qualify for simplified or fast-track probate, which helps a lot.
3. Decide how to sell the property
You’ve got a few options:
Traditional MLS sale
- List with a real estate agent
- Usually gets the highest price
- Takes longer and may require clean-up or repairs
As-is sale
- No repairs
- Attracts investors or cash buyers
- Faster, but typically lower price
Cash buyer / estate specialist
- Very fast closing
- Minimal hassle
- Lowest price, but convenient if speed matters
4. Clean out the home (or don’t)
Options here:
- Family keeps what they want, then sell the rest
- Hire an estate sale company (they sell the contents)
- Donate or junk what’s left
💡 Many sellers do the estate sale before listing the home.
5. Price it correctly
Estate homes often:
- Haven’t been updated in years
- Need repairs
- Still sell well if priced right
An agent experienced in estate or probate sales is a big plus.
6. Disclosures & taxes
- You still must disclose known issues (even if selling “as-is”)
- Capital gains taxes are often minimal or none due to the stepped-up basis (huge benefit for heirs)
A CPA can confirm tax specifics.
7. Distribute proceeds
After closing:
- Pay off mortgage (if any)
- Pay estate debts and expenses
- Remaining funds go to heirs per the will or state law
Quick tip
Search for an agent who specifically mentions:
- “Probate”
- “Estate sale”
- “Trust & estate real estate”
They’ll save you time and stress.
