Probate Mistakes That Can Cost You Money—and How to Avoid Them
When a loved one passes away, the last thing most families expect is to become responsible for managing a complicated legal and financial process.
But if you have been appointed the Personal Representative, Executor, or Administrator of an estate, that responsibility falls on your shoulders. And if the estate includes real estate, one of your most valuable assets can also become one of your biggest sources of risk.
Probate involves much more than simply selling a house. There are deadlines, valuations, documentation, property preservation, repairs, carrying costs, tax considerations, and legal requirements to navigate. A mistake can delay the estate—or potentially cost the beneficiaries money.
The good news? You don't have to navigate the real estate portion alone.
As a Certified Probate Real Estate Specialist (CPRES) and Arizona Real Estate Broker, I specialize in helping Personal Representatives manage the real estate side of an estate while working alongside their attorney and other estate professionals.
Here are some of the most common mistakes I see—and how the right guidance can help you avoid them.
1. Assuming Probate Is Just About Selling the House
One of the biggest mistakes is treating the property like a traditional home sale.
A probate property has a history, a legal process, and an estate attached to it.
Before putting a property on the market, a Personal Representative may need to understand:
Who has authority to sell the property
Whether court approval is required
How the property should be valued
The property's condition and potential repairs
Outstanding mortgages, liens, taxes, or other expenses
How the sale proceeds will ultimately be handled
What documentation the estate may need
Your attorney handles the legal aspects of probate. Your real estate professional should understand how those legal requirements affect the real estate transaction.
That's where specialized probate real estate experience matters.
2. Using a Realtor Who Doesn't Understand Probate
A Realtor may be excellent at selling traditional residential real estate and still have very little experience with probate.
Probate real estate is different.
As a CPRES, I have specialized training in the issues that can arise when real estate is part of an estate. Combined with my experience as an Arizona Broker and decades in real estate, this allows me to approach the property sale differently than the average Realtor.
My role isn't to replace your attorney.
It's to complement your attorney.
Think of your probate team as having different specialists:
Your attorney: handles the legal requirements and probate process.
Your tax professional: handles tax matters and tax consequences.
Your CPRES: manages the real estate portion of the estate.
When those professionals work together, the Personal Representative doesn't have to become an expert in everything.
3. Waiting Too Long to Determine the Property's Value
One of the most important pieces of information during probate is the value of the real estate.
But there may be two different values that matter:
The value at the time of death
This can be important for estate administration and may also become relevant when determining the property's tax basis.
The property's current market value
The market may have changed considerably since the date of death. Understanding what the property could reasonably sell for today helps the Personal Representative make informed decisions about selling, preparing, or holding the property.
That's why I can prepare a Probate Comparative Market Analysis (PCMA).
A PCMA can provide both an "at time of death" valuation and a current market valuation, giving the estate a useful record of the property's value at two critical points in the process.
That information can also become a valuable resource when the decedent's tax return and estate-related tax matters are addressed later with the appropriate tax professional.
4. Making Repairs Before Understanding the Numbers
It is very common for a Personal Representative to look at an inherited property and think:
"We need to fix everything before we sell it."
Not necessarily.
Spending $30,000, $50,000—or more—on improvements doesn't automatically mean you'll recover that money when the property sells.
Before authorizing significant work, it's important to determine:
What repairs are actually necessary
Which improvements are likely to provide a return
Whether buyers in the current market will pay more for the improvements
Whether selling the property as-is makes more financial sense
How long the work will take
What additional property expenses will accumulate during the process
My job is to help you evaluate those decisions before money is spent, rather than simply recommending that you renovate everything.
5. Failing to Account for the Cost of Time
A vacant property doesn't necessarily sit there for free.
While an estate is being settled, the property may continue generating expenses such as:
Mortgage payments
Property taxes
Insurance
Utilities
HOA fees
Landscaping
Pool service
Maintenance
Repairs
Security
Property management
Emergency issues
The longer a property sits, the more those costs can add up.
Sometimes waiting makes financial sense.
Sometimes getting the property sold efficiently is the better decision.
The key is making that decision intentionally—with numbers and market information rather than guesswork.
6. Pricing the Property Based on Emotion
Inherited property can be extremely emotional.
A Personal Representative may have spent years watching a loved one live in the home. Family members may have strong opinions about what the property is "worth." Someone may believe it should sell for what another house sold for six months ago.
But the real estate market doesn't price a property based on memories.
It prices the property based on current market conditions, comparable properties, condition, location, buyer demand, and competition.
My responsibility is to give you an objective assessment of the property and develop a strategy designed to protect the estate's financial interests.
7. Trying to Handle Everything Yourself
This may be the biggest mistake of all.
As Personal Representative, you already have enough responsibilities.
You're coordinating with an attorney.
You're dealing with financial institutions.
You're gathering documents.
You're communicating with family members.
You're dealing with creditors and estate expenses.
You're making decisions you may never have had to make before.
And then there's the house.
Who is going to clean it out?
Who is going to coordinate repairs?
Who is going to get it ready for market?
Who is going to handle showings?
Who is going to negotiate with buyers?
Who is going to coordinate inspections, appraisal issues, repairs, escrow, and closing?
You shouldn't have to personally manage all of that.
That's the part of the process where an experienced probate real estate professional can take a significant load off your plate.
Your Realtor Should Be More Than Someone Who Puts the House on the MLS
When you're selling a probate property, you're not simply hiring someone to put a sign in the yard.
You're entrusting someone with an important asset of the estate.
As an Arizona Real Estate Broker and Certified Probate Real Estate Specialist, I bring a combination of real estate experience and specialized probate education to the process.
I've been helping Buyers, Sellers, and Investors navigate real estate since 1997.
My goal is to become the person responsible for managing the real estate portion of the probate process, while keeping your attorney informed and involved where appropriate.
That means helping coordinate the property, preparing the PCMA, developing the marketing and pricing strategy, coordinating vendors and preparation, communicating with interested parties, negotiating the sale, and helping move the transaction toward closing.
You remain the Personal Representative. Your attorney remains your legal advisor. I become your real estate resource.
A CPRES Doesn't Replace Your Attorney—It Complements Your Team
This distinction is important.
I am not an attorney, and I do not provide legal advice.
Probate is a legal process, and you should work with a qualified probate attorney for legal guidance specific to your estate.
A Certified Probate Real Estate Specialist is not a substitute for that attorney.
Instead, a CPRES can become an important complementary member of your professional team, specifically responsible for the real estate involved in the estate.
Your attorney shouldn't have to coordinate contractors, research comparable sales, manage property preparation, negotiate with buyers, or oversee the day-to-day details of a real estate transaction.
That's my job.
And when I do my job well, I can make your attorney's job easier, too.
If You're the Personal Representative, You Don't Have to Do This Alone
Being named the Executor or Administrator of someone's estate can feel overwhelming—especially when you're grieving and suddenly responsible for decisions involving significant financial assets.
If the estate includes real estate, getting the right person involved early can help you:
Understand the property's value.
Avoid unnecessary expenses.
Make informed decisions about repairs and preparation.
Protect the estate's financial interests.
Keep the real estate process moving.
Reduce the workload on you.
Give your attorney a knowledgeable real estate resource to work with.
Most importantly, you don't have to become a real estate expert just because you became the Personal Representative.
Let me handle the real estate.
As a Certified Probate Real Estate Specialist and Arizona Real Estate Broker, I can help you navigate the real estate portion of the estate from valuation through closing—while your attorney handles the legal side of probate.
If you've been entrusted with settling someone's estate, let me help you carry the real estate portion of that responsibility.
📘 Get My Free Probate Resources E-Book
I've created a free Probate Resources E-Book to help Personal Representatives and families better understand the resources available to them during the probate process.
Disclaimer: I am a licensed Arizona Real Estate Broker and Certified Probate Real Estate Specialist. I am not an attorney, accountant, or tax advisor. Information provided is for general educational purposes and is not legal, tax, or financial advice. Probate requirements vary by estate and circumstances. Always consult your qualified probate attorney and tax professional regarding your specific situation.
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