When a parent passes away, there are often dozens of decisions that need to be made. If there’s a house involved, one of the first questions families ask is:
“Who should we call first—a Realtor® or an attorney?”
The answer surprises many people.
In most situations, an attorney should be one of your first calls, especially if you’re unsure whether probate is required or who has the legal authority to act on behalf of the estate.
That doesn’t mean a Realtor® comes much later. In fact, the two professionals often work together to help the family move through the process.
Watch the Video
Prefer to watch? This short video explains how the roles of an attorney and Realtor® often work together after someone passes away.
Every Estate Is Different
Some homes are owned solely by the person who passed away.
Others may already have a surviving owner on the deed.
Some properties are held in trusts.
Others require probate before they can be sold.
Because every situation is different, it’s important not to assume the process will be the same as someone else’s experience.
Why an Attorney Is Often the First Call
An estate or probate attorney helps answer important legal questions, including:
- Does the estate need to go through probate?
- Who has the authority to make decisions?
- Can the property be sold now, or are additional steps required?
- What legal documents will be needed?
Having those answers early gives everyone a clearer path forward.
Where a Realtor® Fits In
Once the legal authority is clear, a Realtor® can begin helping with the real estate side of the process.
That may include:
- Visiting the property.
- Discussing the home’s condition.
- Providing a market analysis.
- Explaining the selling process.
- Helping create a preparation timeline.
Many families are relieved to learn they don’t have to wait until every detail is settled before asking questions about the house.
Planning early often makes later decisions easier.
Avoid Making Assumptions
One of the biggest mistakes families make is assuming they already know what needs to happen next.
For example:
- One sibling may believe the home can be listed immediately.
- Another may think nothing can happen until probate is complete.
- Someone else may not realize the deed or ownership affects the process.
Taking time to understand the legal and real estate process before making decisions can prevent confusion later.
You’re Not Expected to Know All the Answers
Most families have never been through this before.
It’s completely normal to have questions.
The important thing is working with professionals who can explain the process clearly and help you understand what comes next.
Start With Clarity
Losing a parent is difficult enough without trying to navigate unfamiliar legal and real estate decisions on your own.
Whether the home will eventually be sold or not, understanding the process early can help you make informed decisions and avoid unnecessary delays.
A conversation doesn’t commit you to selling the home.
It simply helps you understand the road ahead.
This article provides general real estate information and is not legal advice. Estate and probate laws vary, so it’s always best to consult an estate or probate attorney about your specific situation.