Probate Realtor | What Estate Representatives Need to Know

It is not uncommon for real estate agents to call us to get probate realtor help with their probate real estate transaction either representing the estate representative (executor or administrator as the seller) or a buyer of a probate home. It truly amazes me when I get calls for probate help from other real estate agents. It begs the question if they are able to uphold their fiduciary duties to their client(s).

If I chose to have other real estate agents affiliated with my brokerage, they would all be trained, mentored, and instructed to reach out to me, and only me as their broker, with any and all questions, issues, or concerns.  In the event a situation arises that may require legal help, we have several attorneys we consult with. Doing so exercises prudence in fulfilling our fiduciary duty of care to our clients.

While I have never asked anyone who has reached out to us for help why they are taking on business when they do not understand it, or why they are not getting help from their broker, I do wonder every time I get one of those calls.

Do their clients know the agent they hired is searching for help on the Internet?

Last week we received a consultation request via a form completed on our website. The person did not identify themselves as a real estate agent. However, in reading the details regarding the help they needed, we had good reason to believe the person was a real estate agent.

Details stated the following: “Which California Probate Purchase Agreement form can be used? Is Probate Agreement Purchase Addendum accepted?”

Per the consultation request form, the real property involved is in Los Angeles.

We conducted a search on the California Department of Real Estate website and confirmed the person who submitted the consultation request form received a salesperson license in August 2008 and their Broker has the same last name.

The broker of record received their salesperson license in March 1987 and a broker license in February 1992. That is a lot of time to gain knowledge and experience. Hiring someone with years and years of being in the business does not necessarily equate to qualified experience. Someone could be a licensed real estate agent for over thirty (30) years or more and never worked with an estate representative listing a probate home for sale or a buyer purchasing one.

Probate Realtor | World Wide Web & Social Media

The World Wide Web is a great resource for unlimited free information. What if the free information found on the Internet is inaccurate?  What if the real estate agent relies upon inaccurate information found on the Internet? How might that negatively impact their client?

Below are a few examples of what we see online:

• • The probate attorney said court confirmation is not required and the home can be sold through the Independent Administration of Estates Act (“IAEA”). They asked people in the group to confirm the administrator would be the person to sign the listing paperwork.
    • Comment:  This is basic probate real estate sales 101. When taking a probate listing, the probate realtor needs to get a certified copy of “Letters” issued by the court.  The Letters specify the name of the person appointed by the court to act on behalf of the estate.  It also indicates the powers to act, with or without bond, or under IAEA. The court-appointed estate representative signing a probate listing agreement requires letters testamentary.

• Complaints about probate attorneys who petition the court for limited authority versus full authority.
  • Comment: There are valid legal reasons for a probate attorney to request limited authority.  When asking who can act as a personal representative, consideration is given to who is petitioning the court. For example, is it a close relative or a distant friend?
• What are some of the main questions to ask a personal representative; the right questions to get the conversation started?
  • Comment: Our best practice is to be educated and trained.  If a person does not know what to ask, perhaps they should not be making calls to estate representatives who are mourning the loss of a loved one. If they need help selling real estate they more likely than not will want to hire an experienced professional.
• If someone is on the DNC list can you still call them?
  • Comment:  My only thoughts on this are:  What part of Do Not Call is not understood?  Our office number receives countless calls – sales calls, spam calls, robocalls, and who knows what else.

• • Would sending a sympathy card make me stand out more, and then making the call to someone who is mourning a loved one, be more of a “warm” call?
    • Comment: I live by the Golden Rule – treating others the way I want to be treated.  If a real estate agent, probate realtor or not, sent me a sympathy card for the loss of my mother and then followed up with a phone call with the intention of listing my mother’s home, I would be livid.
      If they ever lost a loved one they would know how completely inappropriate it is to do that.  If they have lost a loved one, and see nothing wrong with it, then I believe that person is insensitive and/or cold-hearted.

Probate Realtor | CPRES

Just because someone holds a license, a certification, or has paid to be listed in a probate realtor directory, does not mean they have a thorough understanding of the legal process and practical aspects of probate sales and/or are equipped to help clients navigate what can be a complex probate process.

We welcome the questions and always recommend a personal representative of an estate interview several agents, not only to determine qualifications but decide if working together will be a good fit. We know we are not a good fit for everyone and everyone is not a good fit for us.  We are a boutique brokerage focused on providing excellence in the service we provide to our clients.

Over the years the probate real estate niche has exploded.  Agents pay to be “certified” but are not trained!  All real estate agents have fiduciary duties to their clients and a fiduciary obligation in real estate. If an estate representative believes certification provides training, it does not provide the boots on the ground, in-the-trenches training, or training on the proper contracts to use. That may be among the many reasons real estate agents search for help online and why an estate representative will help to fulfill their fiduciary duties to the estate by properly vetting a probate realtor before they decide to hire! We welcome the questions and are here to help. Contact Kathleen Daniels to get the help you need.