As we get older, so do our parents and grandparents—and with that comes the reality that many of us will eventually be involved in settling their estates. In my work as a real estate broker, I’ve walked alongside many families who are dealing with the emotional and logistical challenges that come with selling a loved one’s home after they’ve passed. It’s never easy, but there are some key takeaways and insights that I’ve seen repeatedly that might help you prepare or support someone else through the process.
1. Wills vs. Trusts: What’s the Difference?
Let’s start with the basics. If your loved one had a will, the estate typically goes through probate—a court-supervised process to validate the will, settle debts, and distribute assets. This can take months and involve court fees, attorney costs, and a fair amount of paperwork.
On the other hand, if they had a trust, especially a revocable living trust, the process can be much smoother. A trust allows assets (like a home) to bypass probate altogether. The successor trustee—usually a family member or trusted advisor—steps in and handles everything according to the trust document.
2. Who’s in Charge?
There are a few key roles you’ll hear in these situations:
Executor (or Executrix) – This is the person named in a will to carry out the wishes of the deceased. They’re responsible for handling the probate process, paying debts, and distributing assets.
Administrator – If there is no will, or no executor named, the court appoints an administrator. Their job is essentially the same, but they must follow Texas intestate laws (which dictate who inherits what).
Trustee – If a trust is in place, the trustee is the one responsible for managing the assets in the trust, including selling real estate if needed.
Understanding who holds legal authority is key, especially when it comes to listing a home for sale. Title companies and real estate agents will need documentation proving this authority—whether that’s Letters Testamentary from the court, or a trust certificate showing trustee powers.
3. Selling a Home in an Estate
Once authority is established, the next step is prepping the home for sale. Sometimes it’s been decades since the home was updated, and other times it’s in great condition but emotionally hard to part with. I’ve seen everything from homes full of decades of memories and belongings, to empty properties that heirs want to sell quickly.
Here are a few practical tips:
Get a professional valuation – Don’t rely on Zestimate or assumptions. The market moves fast, and real-time data matters.
Clean-up and make-ready services – I often recommend a cleaning crew, yard service, and sometimes minor repairs to increase appeal and value.
Consider investor offers – In some cases, a quick cash sale to an investor makes more sense for the family than a traditional listing, especially if there are many heirs or the property needs work.
4. Tips from Experience
Over the years, here are some of the biggest lessons I’ve learned:
Start talking early – If your parents or grandparents are still alive, encourage them to make their wishes known and consider setting up a trust.
Keep important documents organized – A surprising number of families can’t find the will or trust when they need it most.
Watch for title issues – If the property wasn’t transferred correctly over the years (i.e. from a deceased spouse or relative), it can delay a sale significantly. Opening title usually brings any issues to the surface. An experienced agent, will have a relationship with a title company, and they can do this for you.
Don’t rush – Take time to grieve. The business side of things can wait a few weeks in most cases. When you’re ready, work with people who understand the sensitivity and logistics of estate sales.
If you’re in the middle of dealing with a family property, or just want to plan ahead, I’m here to help. Whether it’s walking you through what’s involved, pulling comps, or getting the home market-ready, I’ve been through it and can make the process smoother.
Let me know if this hits close to home and you’d like to talk through options—sometimes just knowing what to expect can take a huge weight off your shoulders.
