As the executor or administrator of a deceased estate, it is your responsibility to prepare and sell any properties owned by the will-maker. For many executors, this may be the first and only time they handle such a responsibility.
Unlike selling any other property, selling a deceased estate is a process wrapped up in additional legal complexity and deep emotion.
As an estate lawyer, I remind my clients that the real estate agent they choose can make all the difference in how smoothly, respectfully, and successfully the sale proceeds.
So, what exactly should you look for in the right real estate agent when selling a deceased estate? And is it as simple as taking your friend's recommendation of the agent they used for the sale of their own residential property?
Life and Professional Experience
From the first walk through the estate agent must be able to recoginse that this isn't just 'a listing', it's the home of someone who has died, bringing with it a increased level of both legal and emotional complexity.
Selling a deceased estate calls for an agent who has experience of working with an exeuctor and their legal team, whilst demonstrating empathy, and emotional intelligence throughout the listing, preparation, planning, sale and negotiation process.
Empathy And Professionalism
Selling a deceased estate requires an agent who understands that an executor will rely heavily on them for professional advice and guidance which requires patience and understanding. An overwhelmed executor will often be required to balance a number of significant decisions during estate administration, this means an agent who can communicate clearly, concisely, and with compassion is vital in helping facilitate the property sale.
Whilst a regular house sale is a significant event for most vendors (and if often a real estate agent's moment to shine), for executors, it's just one event among dozens of others they're handling. Many estate agents find it difficult to reconcile that selling a deceased estate isn't the exciting or energising experience it is for regular vendors.
Great Team Player
Finalising a deceased estate consists of many moving parts and selling a property is just one of these parts.
Decisions often need to be made slowly and in consultation with legal professionals and beneficiaries who may have differing views or priorities to the executor. Many estate agents fail to recognise how important it is to be mindful of the language they use and requests they make of an execuror, particularly when preparing a home for sale, which may require requests for styling, decluttering, removing hoarded objects or personal effects of the deceased.
Selling a deceased estate is a group effort, and your real estate agent needs to be prepared to make decisions as part of a wider team, including legal professionals, conveyancers, and beneficiaries.
Patience
Whilst speed is the key in most normal real estate transactions. Listing, preparing, and selling a deceased estate may require an agent to put the brakes on their normal timeline and prepare for long periods of decision making and consultation.
Decisions can take time. Preparing can take time. Considering options can take time.
Agents selling a deceased estate need to be prepared to work to a schedule that's often dictated by legal requirements not the market or the vendor.
Real Estate Red Flags
🚩 Agents who rush executors to lock in and sign a Sales Agency Agreement before a Grant of Probate or Letters of Administration has been issued (if an agent pressures you to sign any kind of agreement before this they do not have your best interests at heart).
🚩 Agents who fail to understand the legal ramifications of an executor agreeing to sell a property before authorisation has been issued by the Courts.
🚩 Agents that don't work collaboratively with your legal team, don't ask questions and insist that a deceased estate is just the same as any other house sale.
🚩 Agents that ask you to erase all traces of your loved one from the home before they can sell it.
🚩 Agents that can't emotionally and practically help you facilitate clean up, decluttering, or other work required to prepare the property for sale in a compassionate manner.
🚩 Agents who are close friends or relatives of the executor or a beneficiary aren't always the best choice - no matter how highly they come recommended or the results they got selling someone's personal property.
My Friend Got A Great Result With This Agent....
As an estate lawyer, this goes on my top 10 list of most hated sentences.
Many executors turn to friends or family for advice on who to sell their property with. I get it, we all know someone who got an unbelievable result when they sold their property with [insert real estate agent of the moment]. If you're an executor already overwhelmed with decisions, or trying to earn Brownie points with all-and-sundry, getting a good recommendation feels like a handy shortcut.
When it comes to selling a deceased estate, I can't stress enough how much easier, less stressful, and safe it is to use someone who is recommended by an experienced legal professional. We work with them day in and day out and know exactly who does the job in a way that ensures compliance, fairness and peace of mind (and no we don't get a kick back from recommending an agent).
Choosing the right estate agent for a deceased estate isn't about flashy marketing or inflated promises. It's about finding a professional with experience, empathy, patience, and competence, so you can navigate selling your loved one's property with confidence.
ADDITIONAL RESOURCES:
Preparing a deceased's property for sale
Packing up the deceased's home
Sam Oborn (Harcourts Adelaide Hills) - we proudly partner with Sam to help prepare and sell deceased estate properties in South Australia.