Step - By - Step Estate Sale Process
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1. Confirm the Legal Authority to Sell
The Executor or Administrator must obtain:
-A copy of the Will (if available).
-A Certificate of Appointment of Estate Trustee (commonly known as probate) if required.
Your lawyer will guide you through the probate process and determine whether you need to apply for a Certificate of Appointment of Estate Trustee before property is sold.
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2. Secure the Property
-Change locks if needed - we have contacts at local locksmiths that we can arrange to secure your family’s home
-Notify insurance of the owner’s passing and confirm vacancy coverage.
-Cancel or update utilities and services - we will provide you with a list of utility companies and their contact information for a smooth transition
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3. Gather Necessary Documents
-Death Certificate
-Property Deed
-Tax Information (Municipal & Capital Gains)
-Mortgage Details (if applicable)
-Utility and Maintenance Information
-Will and Probate Documents
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4. Property Evaluation and Preparation
As your realtor we will
-Conduct a Comparative Market Analysis (CMA).
-Recommend repairs, cleaning, staging, or minor updates.
-Coordinate service providers if needed (cleaners, junk removal, landscapers, etc.).
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5. Listing the Property
-Professional photography, signage, and marketing begin.
-The home is listed on the MLS and other platforms.
-Showings are coordinated, open houses conducted and feedback collected.
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6. Reviewing Offers & Accepting an Agreement
-We will present all offers and advise on conditions, timelines, and pricing.
-Once an agreement is accepted, the lawyer will review terms to ensure proper compliance with estate laws.
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7. Closing the Sale
As your lawyer we will:
-Coordinate with the buyer’s lawyer.
-Ensure title transfer from the estate to the buyer.
-Distribute proceeds according to the Will or legal directives.
-Meet estate reporting and accounting requirements.
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Additional Considerations
-Capital Gains Tax: There may be taxes owing on any increase in property value since original purchase.
-Multiple Heirs: Coordination among beneficiaries may be required.
-Power of Attorney vs Executor: A Power of Attorney ends at death—only an Executor or court-appointed Administrator has authority post-death.