Realtor Commissions in Probate Sales: The Full Breakdown

Understand the commission structures when selling through a realtor in a probate sale. Don't be caught off guard—be informed!

Realtor Commissions in Probate Sales: The Full Breakdown

Have you ever wondered what happens to real estate during probate sales? Or more specifically, how Realtor Commissions are handled? Well, buckle up and grab a cup of coffee! We’re about to demystify this complex part of real estate.

Understanding Probate Sales

Before we can get into the nitty-gritty of realtor commissions, it is crucial to fully grasp what a probate sale is. So what is a probate sale, you ask? Essentially, it’s the sale of a property following the owner’s death, under a court’s supervision.

What Makes Probate Sales Unique?

The nature of probate sales often makes them more complex and significantly more emotional for all parties involved. With a normal property sale, it’s all about the buyer’s wants and the seller’s capacity to provide. However, with a probate sale, legal requirements mostly drive the process.

Unpacking Realtor Commissions

Now that you have a basic understanding of probate sales, let’s dive into the hot topic of the day: realtor commissions.

Defining Realtor Commissions

In the simplest terms, a realtor commission is a percentage of the selling price of a property, which the seller pays to the realtors involved in the transaction. They’re like superheroes on both ends – representing the seller and the buyer.

How Are Commissions Structured?

In the realm of real estate, there’s no hard-and-fast rule for structuring commissions. However, most often, they’re split equally between the buyer’s and the seller’s agents. That’s fair, isn’t it?

The Lowdown on Realtor Commissions in Probate Sales

So How Do Commissions Work in Probate Sales?

It’s not far off from ordinary real estate transactions. The commission is usually a percentage of the sale price, shared between the selling and buying agent. However, the percentage can be lower in probate sales.

Why Might Commissions Be Lower?

This is due to the nature of probate sales, which require court approval and may involve more legal work compared to normal sales. The court’s goal is to ensure the deceased’s estate gets the highest possible value.


In summary, probate sales offer a unique set of complexities, especially when it comes to realtor commissions. While standard commission practices may apply, remember that every probate sale is unique and the details may vary.


  • Q: Do realtor commissions in probate sales always share the standard percentage split?
    A: No, the commission rate may be lower due to the probate process requirements.
  • Q: What is a probate sale?
    A: It is the sale of a property following the owner’s death, under court supervision.
  • Q: Who pays the realtor commission in a probate sale?
    A: The seller’s estate is typically responsible for paying the commission.
  • Q: Can the court affect the commission percentage?
    A: Yes, the court can decrease the commission rate to ensure the highest value for the deceased’s estate.
  • Q: Is the process of a probate sale complex?
    A: Probate sales can be more complex and emotional due to the legal requirements and circumstances.

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