Probate Attorney vs. Probate Real Estate Broker: Who Handles What in a Probate Home Sale?

Feb 17

If you’re the executor or administrator of an estate, selling a probate property in Texas—especially in Austin or San Antonio—can feel overwhelming. Many personal representatives ask:

Do I need a probate attorney to sell the house?
What does a probate real estate broker do that an attorney doesn’t?
Can I handle this process remotely if I live out of state?
How do I ensure the property sells quickly and for the highest price?

The key to a smooth probate home sale is understanding who does what in the process. While probate attorneys and probate real estate brokers both play important roles, they handle completely different aspects of the sale.

✅ A probate attorney ensures that the legal process is followed and the estate is administered correctly.
✅ A probate real estate broker handles everything related to the property sale, including pricing, marketing, showings, buyer negotiations, and closing coordination.

If you’re an executor handling a probate home sale in Austin, San Antonio, or anywhere in Texas, this guide will explain:

✔️ The exact responsibilities of a probate attorney vs. a probate real estate broker.
✔️ Why you need both professionals for a successful estate property sale.
✔️ Common mistakes that cost executors time and money.
✔️ How to sell your probate property for the highest price—without unnecessary delays.

What Does a Probate Attorney Do?

A probate attorney (also called an estate attorney) is a legal professional who helps you navigate the probate process, ensuring that all legal requirements are met before the estate property can be sold.

Key Responsibilities of a Probate Attorney in Texas:

1️⃣ Filing Probate Documents with the Court

Ensures the decedent's will is validated (if applicable).
Files all required paperwork with the Texas probate court.

2️⃣ Obtaining Letters Testamentary or Letters of Administration

These documents give the executor legal authority to sell the home.
Without them, you cannot sign contracts or transfer property ownership.

3️⃣ Settling Estate Debts, Liens, and Creditors

Identifies outstanding mortgages, liens, taxes, and debts tied to the property.
Ensures all financial obligations are settled before distributing proceeds.

4️⃣ Handling Legal Disputes Over Estate Ownership

Resolves title disputes, inheritance conflicts, and legal challenges.
Ensures a clear title so the property can be sold without delays.

5️⃣ Ensuring Court Compliance for Dependent Administration Cases

Some estates require court approval before selling real estate.
A probate attorney handles the legal filings for court approval if necessary.

💡 Important: A probate attorney does NOT handle the sale of the property. They ensure that you have the legal authority to sell but do not list, market, negotiate, or close the sale.

What Does a Probate Real Estate Broker Do?

A probate real estate broker is a licensed real estate professional who specializes in selling estate properties inherited through probate. They ensure that the home is sold for top dollar, quickly, and with minimal stress for the executor.

Key Responsibilities of a Probate Real Estate Broker in Texas:

1️⃣ Determining the Best Strategy for Selling the Home

Advises whether to sell “as-is” or make minor improvements for a higher sale price.
Provides a Comparative Market Analysis (CMA) to determine the home's value.

2️⃣ Handling the Entire Real Estate Marketing Process

Lists the probate home on the MLS to maximize buyer exposure.
Markets the property with professional photography, virtual tours, and staging.
Runs targeted online advertising campaigns to attract serious buyers.

3️⃣ Managing Showings & Buyer Inquiries

Schedules and conducts home showings for potential buyers.
Handles all buyer questions and concerns related to the property.

4️⃣ Negotiating the Best Possible Price & Terms

Evaluates offers and negotiates the best deal for the estate.
Ensures buyers are financially qualified before accepting an offer.

5️⃣ Overseeing the Closing Process

Coordinates with title companies, escrow agents, and probate attorneys.
Ensures all real estate disclosures and paperwork are handled correctly.
Manages remote closings for out-of-state executors.

Who Does What? A Side-by-Side Comparison

The table below highlights the differences between a probate attorney and a probate real estate broker when selling a probate home in Texas:

  
      Task
      Probate Attorney
      Probate Real Estate Broker
    

  
      File probate documents with the court
      ✅ Yes
      ❌ No
    

      Obtain Letters Testamentary or Letters of Administration
      ✅ Yes
      ❌ No
    

      Resolve legal disputes over estate ownership
      ✅ Yes
      ❌ No
    

      Settle debts, liens, and creditor claims
      ✅ Yes
      ❌ No
    

      Determine the best strategy for selling the estate property
      ❌ No
      ✅ Yes
    

      Advise on whether to sell ‘as-is’ or make minor improvements
      ❌ No
      ✅ Yes
    

      Provide a Comparative Market Analysis (CMA) to determine the home's value
      ❌ No
      ✅ Yes
    

      List the probate property for sale on the MLS
      ❌ No
      ✅ Yes
    

      Market the home to attract buyers and generate competitive offers
      ❌ No
      ✅ Yes
    

      Handle buyer inquiries and schedule property showings
      ❌ No
      ✅ Yes
    

      Provide staging recommendations or virtual staging for online marketing
      ❌ No
      ✅ Yes
    

      Take professional photos, videos, and virtual tours of the property
      ❌ No
      ✅ Yes
    

      Manage social media and online advertising campaigns for the listing
      ❌ No
      ✅ Yes
    

      Network with other agents and buyers to generate interest
      ❌ No
      ✅ Yes
    

      Negotiate offers and counteroffers to maximize sale price
      ❌ No
      ✅ Yes
    

      Vet buyers to ensure they have financing or proof of funds
      ❌ No
      ✅ Yes
    

      Manage and schedule home inspections and appraisals
      ❌ No
      ✅ Yes
    

      Ensure compliance with Texas real estate disclosure laws
      ❌ No
      ✅ Yes
    

      Help negotiate repair requests or credits from the buyer
      ❌ No
      ✅ Yes
    

      Oversee the escrow process and ensure deadlines are met
      ❌ No
      ✅ Yes
    

      Handle negotiations for lease-back agreements if an occupant needs time to move
      ❌ No
      ✅ Yes
    

      Ensure vacant properties are maintained and secure until sold
      ❌ No
      ✅ Yes
    

      Work with title companies to resolve title issues before closing
      ✅ Sometimes
      ✅ Yes
    

      Ensure court approvals are met for dependent administration sales
      ✅ Yes
      ✅ Yes
    

      Coordinate a remote closing for out-of-state executors
      ❌ No
      ✅ Yes
    

      Ensure sale proceeds are properly distributed to the estate
      ✅ Yes
      ❌ No
    

Avoid These Common Probate Real Estate Mistakes

🚫 Mistake #1: Assuming the Probate Attorney Will Handle the Sale

Probate attorneys don’t list, market, or negotiate home sales. You need a real estate broker for that.

🚫 Mistake #2: Selling to an Investor for a Quick Cash Offer

"We buy houses" companies target probate homes with lowball offers. Listing the home ensures you get fair market value.

🚫 Mistake #3: Hiring a General Real Estate Agent Instead of a Probate Expert

Probate sales have unique legal and marketing challenges—hire a broker who specializes in estate properties.

Work with a Probate Real Estate Expert in Austin & San Antonio

If you're selling a probate home in Texas, don’t go it alone. Jeremy Kritt at Kritt Real Estate specializes in selling estate properties quickly and for top dollar.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. The probate process varies depending on specific circumstances, and legal requirements may change. Executors and administrators should consult a qualified probate attorney for legal guidance regarding their specific situation.