What Is a Probate Sale? A Simple Guide for Buyers and Sellers

by Jason Tomei

What Is a Probate Sale? A Simple Guide for Buyers and Sellers

If you’ve been browsing real estate listings and come across the term “probate sale,” you might wonder what it means—and whether it’s worth exploring.

A probate sale happens when someone passes away and their property is sold as part of the legal process of settling their estate. These sales follow a specific process and timeline, which can be a bit different from a standard real estate transaction.

Here’s what you need to know if you’re buying or selling a home through probate in Las Vegas—or just trying to make sense of what it all means.


What Is Probate?

Probate is the legal process that happens after someone dies. It involves:

  • Verifying the will (if there is one)

  • Appointing an executor or administrator

  • Identifying and valuing the deceased person’s assets

  • Paying debts and taxes

  • Distributing what’s left to heirs or beneficiaries

When real estate is involved, that property may need to be sold in order to divide the estate or pay outstanding debts. That’s where a probate sale comes in.


How Does a Probate Sale Work?

In a probate sale:

  • The court oversees the sale to ensure it’s handled fairly

  • The home is often listed at or below market value to encourage interest

  • Buyers may be required to submit offers with special terms and longer timelines

  • The court may need to confirm the sale before it closes (especially if multiple offers come in)


Pros of Buying a Probate Sale

Potential for Below-Market Pricing
Probate properties are sometimes listed below comparable homes to sell quickly.

Less Competition
The extra paperwork and legal process can discourage casual buyers.

Great for Investors or Handy Buyers
Many probate homes are sold “as is,” which appeals to those comfortable with renovations.


Cons of Buying a Probate Sale

Longer Timelines
Probate can add weeks—or even months—to the closing timeline.

Court Involvement
Some offers must be approved in court, which means more uncertainty and less flexibility.

“As-Is” Condition
Repairs or credits are rarely negotiated; what you see is what you get.


What This Means for Sellers & Heirs

If you’re selling a home through probate:

  • You may need court approval to list or accept an offer

  • The home should be priced strategically to attract buyers willing to wait

  • An experienced agent can coordinate with the probate attorney to handle disclosures, timelines, and sale terms

Heirs should know that selling in probate doesn’t have to be a nightmare—it just requires a little more patience and planning.


What This Means for Me as a Las Vegas Real Estate Agent

I’ve helped families and investors navigate probate sales in Southern Nevada, and I know how to keep the process on track.

Here’s what I do:

  • Work alongside your probate attorney

  • Market the home to serious, qualified buyers

  • Manage expectations about court confirmation, timelines, and “as-is” condition

  • Help buyers understand what they’re getting into (and how to prepare)

Whether you're inheriting a home or considering buying one through probate, I can help simplify the process and move it forward with clarity.


Final Thoughts

Probate sales come with a few more steps—but they can also offer great opportunities. Whether you're a buyer looking for value or a family handling a loved one’s estate, the right real estate partner makes all the difference.


Need help navigating a probate sale in Las Vegas? Let’s talk.

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Jason Tomei

Agent | RE.S.0176035

+1(702) 819-9438

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