7 Mistakes Executors and Administrators Make During Probate

1. Starting with no outcome in mind

Beginning with the end in mind provides clarity and focus through the entire probate process. Probate can be overwhelming — especially when the decedent is a close relative — but it doesn't have to be stressful if you hold a clear, agreed-upon end goal: peace of mind, paying off debt and taxes as soon as possible, settling fairly with the heirs, maximizing the value of the estate, or simply being done with it. Whatever the goal is, it should be agreed upon by all involved, so that you have support and confidence in the decisions you make as executor or administrator.

2. Not educating yourself on the process

Learn how probate works before you decide how to run yours — you can start with our probate timeline and FAQs, or get information from your local courthouse. Once informed, it makes a lot of sense to talk with an attorney about your situation. You may then decide to proceed with counsel, or to represent the estate yourself ("pro per") through the process — but make that an informed choice, not a default.

3. Relying on your attorney for everything

You might use an attorney because the case is complicated, the estate is out of your area, or you simply have no time. Your probate attorney is an expert in their field and is paid accordingly — but if you rely on the attorney for taxes, securing and maintaining the property, and selling the real estate, you're not using the right specialists, and the estate's value suffers for it. Financial planners, CPAs, local realtors, contractors, and estate-planning firms each bring specialized knowledge that pays off in both the short run and the long term.

4. Marketing the real estate too late

If you'd like to settle the estate as quickly as possible, don't wait to market the real estate. Once you've been approved as the estate's representative, you can begin soliciting offers — in parallel with everything else, you can list with a realtor, get advice, take offers, and even open escrow. Escrow won't close until you've received letters testamentary or letters of administration, and as long as your buyers understand that, you'll do fine. Be sure to use a realtor who understands probate.

5. Failing to secure and maintain the property

Once appointed, you are responsible for the real estate — which means making sure it is secured and properly maintained. If you live in another city or state, that's a genuine challenge, and it gets expensive when curb appeal suffers or squatters take over. A good probate realtor helps you maintain the property through their local network before it costs the estate money.

6. Choosing friends over the right professionals

Between the attorney, realtor, tax advisor, and estate planner, you may find yourself surrounded by well-meaning friends who want to help — the attorney friend who practices business litigation, the realtor friend who specializes in a different area or property type. Be cautious. Pick a team of professionals who do this specific work every day: a probate-experienced realtor who knows the neighborhood of the property will get measurably more out of the sale.

7. Not knowing your options for the real estate

Real estate is usually the largest component of the estate's assets, and you have more options than a straight listing. If the home needs work and the estate has time but not cash, there are partners who will fund repairs in exchange for part of the upside. If you're in a rush, without cash for repairs, and just want it done, an investor will pay cash as-is. And when the numbers favor it, preparing the home properly and listing it with a local realtor maximizes the price. Knowing your options gives you flexibility — and flexibility is negotiating power.