Probate Knowledge Center

Probate Costs and Fees

Commissions, attorney fees, closing costs, and who pays.

• Who pays Realtor commissions in a probate sale?The estate pays the real estate commission from the sale proceeds. In court-confirmed sales the judge sets a reasonable commission.
• Who pays closing costs?Standard seller closing costs are paid by the estate from the proceeds, similar to an ordinary sale.
• Who pays probate attorney fees?Probate attorney fees are paid by the estate, and in California they follow a statutory schedule based on the estate’s value.
• Can the estate pay for repairs?Yes. Reasonable costs to preserve and prepare the home for sale are estate expenses, often reimbursed from sale proceeds.
• Can I use estate funds before probate closes?A representative can use estate funds for proper administration expenses, but distributions to heirs usually wait for court approval.
• What happens if the estate owes taxes?Valid tax debts are paid from the estate before distribution. Most California estates owe no estate tax, but income and property taxes can apply.
• Does the mortgage have to be paid off before selling?No. The existing mortgage is paid off automatically from the sale proceeds at closing, like any ordinary home sale.
• What happens to unpaid HOA dues?Unpaid HOA dues remain a debt against the property and are typically cleared from the sale proceeds at closing.