By: Ryan Malaluan; Editor: Geram Lompon; Reviewed by: Alvin Villanueva, PMP

Managing a probate estate is no small task—especially when real estate is involved. As an executor or estate administrator, you ensure the property is handled correctly, maximize value for the deceased person’s estate beneficiaries, and avoid legal or financial pitfalls.

The process can feel overwhelming, particularly if you’re navigating probate for the first time. Delays, missteps, and common executor mistakes can lead to financial losses, legal disputes, or even complications with the court.

But here’s the good news: you don’t have to learn through trial and error.

In this guide, we’ll walk you through the seven most common probate real estate mistakes and, more importantly, how to avoid them—so you can sell the property efficiently, reduce stress, and protect the estate’s value.

What Is Probate Real Estate?

When someone passes away, their property doesn’t automatically transfer to heirs—it must first go through probate, a legal process that ensures the deceased person’s assets are distributed fairly and according to the law. This applies to real estate left behind by the now-deceased person, making it subject to specific rules before it can be sold or transferred.

As an executor, your role in managing probate real estate transactions is critical. You are responsible for:

— Obtaining an accurate property valuation to determine market worth and avoid pricing mistakes.
— Handling legal paperwork and approvals to comply with probate court requirements.
— Maintaining and insuring the property to prevent depreciation and legal liabilities.
— Coordinating with heirs, family members, attorneys, and real estate professionals to ensure a smooth sale.

Managing these responsibilities improperly can lead to delays, financial losses, and disputes among beneficiaries. But don’t worry—we’ll guide you through the most common mistakes and how to avoid them, ensuring a seamless, stress-free probate sale.

7 Common Mistakes Executors Make in Probate Real Estate (and How to Avoid Them)

When handling probate real estate, executors often face unexpected challenges that can delay the process, increase costs, or even result in legal complications. Avoiding these common mistakes can help you navigate the process smoothly, minimize estate taxes and maximize the estate’s value.

Mistake #1 – Delaying the Probate Process

Many executors assume they have plenty of time to start the probate proceedings, but even a small delay can create serious setbacks:

• Higher legal fees due to prolonged court involvement.
• Unpaid mortgage, taxes, or utility bills adding financial strain.
• Market fluctuations reducing the property’s potential sale price.

Solution: File for probate as soon as possible. A probate attorney can help streamline paperwork and avoid unnecessary delays. Creating a probate timeline with key deadlines will also keep you on track.

Mistake #2 – Failing to Get an Accurate Property Valuation

Determining the right listing price is critical, yet many executors miscalculate:

• Overpricing leads to the home sitting unsold, deterring buyers.
• Underpricing can cause the estate to lose tens of thousands of dollars.
• Emotional attachment can cloud judgment, leading to unrealistic pricing.

Solution: Hire a Certified Probate Real Estate Specialist (CPRES) or a licensed real estate appraiser to determine the property’s actual market value. They will assess local market trends and ensure the home is competitively priced.

Mistake #3 – Ignoring Property Maintenance

A vacant probate home can deteriorate quickly, causing:

• Roof leaks, plumbing issues, or mold growth—all expensive repairs.
• Failed home inspections, leading to lower offers or lost buyers.
• Break-ins, vandalism, or squatters, further complicate the sale.

Solution: Conduct regular property inspections and perform basic maintenance, such as mowing the lawn, fixing leaks, and keeping utilities active. If the home is vacant, consider hiring a property caretaker or installing security systems to protect the estate’s remaining assets elsewhere.

Mistake #4 – Selling the Property Without Probate Approval

Some executors assume they can list and sell the property owner a probate home immediately, but without court approval, you may face:

• Legal disputes from heirs contesting the sale.
• Court rejection of the transaction, forcing a re-sale.
• Buyers backing out, leading to unnecessary delays.

Solution: Research state-specific probate laws to determine when a sale is legally allowed. Consult a probate attorney to ensure all approvals are in place before listing the home.

Mistake #5 – Choosing the Wrong Real Estate Agent

Not all real estate agents are experienced in probate sales, and hiring a traditional real estate agent experienced in could lead to:

• Missed court filing deadlines, delaying the sale.
• Incorrect pricing, reducing estate proceeds.
• Longer market time, frustrating beneficiaries.

Solution: Work with a Certified Probate Real Estate Specialist (CPRES) who understands probate property laws and the court’s requirements. They can help you navigate legal approvals, set the right price, and attract qualified buyers.

Mistake #6 – Not Considering Tax Implications

Probate home sales can trigger unexpected tax burdens, including:

• Capital gains tax, depending on the home’s appreciation.
• Inheritance tax, reducing the estate’s value.
• IRS penalties if financial reporting isn’t handled correctly.

Solution: Consult a tax professional before selling. They can help minimize taxes by:

— Identifying step-ups in basis rules to reduce capital gains.
— on estate taxes. Advising on state and federal tax obligations for heirs.
— Ensuring compliance with IRS estate reporting.

Mistake #7 – Mishandling Beneficiary Disputes

Family disagreements can quickly derail the probate process, leading to:

• Heated arguments over property pricing and proceeds.
• Legal battles, delaying probate for months—or even years.
• Strained family relationships, adding stress to an already difficult process.

Solution: Maintain open communication with heirs and beneficiaries. If conflicts arise, consider hiring a mediator to facilitate discussions and prevent disputes from escalating into lawsuits.

How to Ensure a Smooth Probate Real Estate Sale

Selling a probate property comes with unique challenges, but following these best practices can help you navigate the process efficiently and ensure the proper handling of the deceased’s assets:

• Hire the Right Professionals: A probate attorney, Certified Probate Real Estate Specialist (CPRES), and tax advisor can guide you through legal requirements, pricing strategies, and tax obligations, preventing costly missteps.
• Stay Organized – Probate involves a paper trail of legal filings, appraisals, and financial records. Keep detailed documentation to streamline approvals and avoid delays.
• Prioritize Property Maintenance – Unattended homes lose value quickly. Regular inspections, minor repairs, and utility maintenance help keep the property market-ready and prevent unexpected costs.
• Understand the Legal Process – Each state has different probate laws, and selling a probate home often requires court approval. Consult a probate expert to ensure compliance and avoid unnecessary delays.
• Communicate With Beneficiaries – Family disputes can stall the probate sale. Open and transparent communication with heirs can prevent misunderstandings and reduce tensions. If conflicts arise, consider hiring a mediator.

Why Choose Probate by Dean?

Navigating the probate real estate process can be challenging, but Dean Higa and the Probate by Dean team are here to simplify the process. Here’s why executors and administrators trust us:

• Unmatched Expertise – With years of experience in probate real estate, Dean is a Certified Probate Real Estate Specialist (CPRES) with in-depth knowledge of legal requirements and market strategies.
• Comprehensive Support – We offer full-service guidance, from connecting you with top probate attorneys and tax advisors to managing property sales
• Proven Success – Our team has helped countless families maximize estate value, avoid probate pitfalls, and easily navigate complex transactions.
• Personalized Approach – We understand the emotional weight of managing a loved one’s estate. Our compassionate and strategic approach ensures a seamless process, reducing stress for all involved.

Wrapping Up: Get Expert Help for Your Probate Real Estate Sale

Managing probate real estate can feel overwhelming, but you don’t have to handle it alone. One misstep in the legal, financial, or probate sales workup process can lead to delays, lost profits, or legal complications.

That’s why working with buy probate real estate specialists is so important. A team of experienced probate attorneys, Certified Probate Real Estate Specialists (CPRES), and tax advisors can:

• Guide you through the probate process and ensure all legal requirements are met.
• Help you price and sell the property at its highest value, avoiding costly mistakes.
• Reduce stress by handling paperwork, negotiations, and court approvals.

With the right support, you can streamline the process, protect the estate’s value, and ensure a smooth transition for everyone involved.