Who Pays the Realtor Commission in a Probate Sale?

The estate pays the real estate commission, and it comes out of the sale proceeds at closing, not from any heir's pocket up front. In a full-authority sale, the commission is negotiated in the listing much like an ordinary transaction.

Court-confirmed sales are different

When a sale goes through court confirmation, the judge determines a reasonable commission at the hearing and it is paid from the confirmed proceeds. In San Diego County, the court will not approve a commission over 5 percent on improved property, or 10 percent on unimproved land, absent good cause, and no specific percentage is locked in the listing itself. We are transparent about commission up front and structure every listing to comply with the local rules.