Can an Executor Hire a Real Estate Agent for a Probate Sale in Los Angeles?


Yes, an executor can hire a real estate agent to handle a probate sale in Los Angeles. In fact, it's often encouraged. California probate law allows executors to list, market, and sell real property with the help of a licensed real estate professional—especially one experienced in probate transactions.

What Is an Executor's Role in a Probate Sale?

When someone passes away and leaves behind real estate, the executor (if there's a will) or administrator (if there's no will) is legally responsible for managing and selling that property. That includes:

  • Maintaining the property during probate

  • Ordering appraisals

  • Hiring professionals (like contractors or real estate agents)

  • Filing court documents

  • Distributing proceeds to heirs

In Los Angeles, executors often lean on probate-certified real estate agents to manage complex listings, showings, pricing, and legal timelines.

Do Executors Need Court Approval to Hire a Realtor?

It depends on the level of court authority granted:

Full Authority (under the Independent Administration of Estates Act - IAEA):

  • No court approval needed to hire a real estate agent

  • Executor can list the property, set the price, and open escrow without prior court permission

  • Still must notify all heirs and provide an “Intent to Sell” notice

Limited Authority:

  • Must obtain court confirmation before completing a sale

  • The listing agreement and final sale may require court hearings and overbidding opportunities

So, if you’re an executor with full authority, you can move forward with a probate sale and hire a real estate agent without court delays.

Why Hire a Probate-Savvy Real Estate Agent?

Probate sales aren’t your typical home sale. A specialized probate agent will:

  • Understand court timelines and notices

  • Coordinate with probate attorneys

  • Ensure paperwork is filed correctly (e.g., Petition for Confirmation of Sale)

  • Guide pricing based on appraisal or referee valuation

  • Attract the right buyers who understand probate timelines

Without the right agent, you risk costly delays, incorrect filings, or having to restart the sale process.

What Should Executors Look for in a Probate Realtor in Los Angeles?

Here’s what to prioritize when hiring a probate real estate agent:

Criteria Why It Matters

Probate experience Familiarity with timelines, paperwork,

and legal requirements

Local Los Angeles market knowledge Accurately price and market

to LA buyer pool

Communication with attorneys Keep all parties aligned during the sale

Track record with court sales Experience navigating confirmation

hearings (if required)

Vendor network Access to probate attorneys,

appraisers, clean-out crews

Can an Executor Be Held Liable for Choosing the Wrong Agent?

Yes, executors have a fiduciary duty to act in the estate's best interest. That means:

  • Selling for fair market value

  • Avoiding nepotism or conflicts of interest

  • Hiring competent professionals

Choosing an inexperienced or unqualified agent could lead to delays, reduced proceeds, or disputes from heirs — and in extreme cases, legal action.

How to Hire a Probate Real Estate Agent in Los Angeles

If you're serving as an executor in Los Angeles County, here’s how to move forward:

  1. Determine your authority level (Full or Limited)

  2. Ask your probate attorney for recommendations

  3. Interview local probate agents

  4. Verify their credentials and probate experience

  5. Review listing agreements with your attorney

The Borges Real Estate Team specializes in probate sales across Los Angeles and Pasadena. We work closely with families and probate attorneys to ensure smooth, respectful property sales — even in difficult circumstances. Reach out here if you need guidance.

Does This Apply to All Los Angeles Probate Cases?

Yes — this applies whether the property is:

  • A single-family home in Highland Park

  • A duplex in South LA

  • A vacant lot in Boyle Heights

  • A Spanish-style estate in Pasadena

As long as the real estate is part of a probate estate, the executor (or administrator) can list it with a qualified agent. Just make sure to check your authority status and consult with the attorney handling the case.

Final Thoughts: Executor Rights and Smart Representation

Executors can and should hire a real estate agent for a probate sale in Los Angeles — especially one with local expertise and probate experience. Don’t try to handle it all on your own.

The Borges Real Estate Team is here to help. We’ve helped dozens of Los Angeles families through probate real estate sales — guiding them every step of the way, from court to close.

Contact us anytime at www.lametrohomefinder.com/probate-services