A Step-by-Step Guide for Executors

Losing a parent is one of life’s most difficult experiences. Being named the executor—also known as the Personal Representative—of their estate can add a significant layer of responsibility during an already emotional time.

In addition to settling financial matters and honoring a loved one’s wishes, executors are often tasked with managing and selling real estate. For many families across the Delmarva Peninsula, the family home is the largest and most meaningful asset in the estate.

Whether the property is a beach home in Ocean City, Bethany Beach, or Fenwick Island, a quiet residence in Berlin or Ocean Pines, or a country property in Worcester County or Sussex County, selling an estate property requires careful preparation and compliance with state probate laws.

At The Windrow Group, we frequently assist families navigating estate property sales throughout Maryland’s Eastern Shore and Sussex County, Delaware. Below is a step-by-step guide to help executors understand the process and prepare to list a property with a trusted local real estate professional.

Step 1: Locate the Original Will and Estate Documents

The first step in administering an estate is gathering the essential documents needed for probate and property transfer.

Important items typically include:

Organizing these documents early helps prevent delays and allows the estate process to move forward smoothly.

Step 2: Open the Estate with the Probate Court

Before real estate can be sold, the estate must be formally opened through probate.

In Maryland

Probate is handled by the Register of Wills in the county where the deceased lived.

Common filings include:

Once approved, the court issues Letters of Administration, officially appointing the executor as the Personal Representative of the estate.

In Delaware

Probate is also administered through the Register of Wills, typically in Sussex County for Delaware coastal properties.

Required filings include:

After approval, the court issues Letters Testamentary, granting the executor legal authority to administer the estate and sell property when permitted.

Step 3: Confirm Authority to Sell the Property

Executors must verify whether the will provides the power of sale for real estate.

If the Will Includes Power of Sale

The executor can typically proceed with selling the property once probate is opened and legal authority has been granted.

If the Will Does Not Include Power of Sale

Additional court approval may be required before the property can be sold.

This is why working with a probate attorney familiar with Maryland or Delaware law is strongly recommended.

Step 4: Communicate with Beneficiaries

Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries.

Maintaining transparency early in the process can prevent misunderstandings later. Beneficiaries should typically be informed about:

Clear communication helps ensure everyone understands how the estate is being managed.

Step 5: Determine the Property’s Fair Market Value

Executors are responsible for ensuring estate assets are sold at fair market value.

This typically involves:

Accurate valuation is important for:

Step 6: Secure and Prepare the Property

Once probate has begun, the executor should ensure the property is properly secured and maintained.

Common steps include:

Many estate properties are ultimately sold “as-is,” particularly when the executor has limited knowledge of the home's condition.

Step 7: Provide Estate Documentation to the Listing Agent

Before the home can be listed, the real estate professional will typically request copies of key documents, including:

Because executors may not have lived in the home, many estate sales use a property condition disclaimer rather than a traditional disclosure statement.

Step 8: Sign the Listing Agreement as Personal Representative

The listing agreement must be signed by the executor in their official capacity representing the estate.

For example:

John Smith
Personal Representative of the Estate of Mary Smith

This clarifies that the estate—not the individual—is the legal seller.

Step 9: Include Estate Sale Language in the Contract

Estate transactions often require specific contract provisions, such as:

These provisions help protect both the estate and the executor.

Step 10: Coordinate with the Estate Attorney and Title Company

Before accepting an offer, it is important to coordinate with:

They will review:

This coordination helps ensure the transaction proceeds smoothly.

Step 11: Accept an Offer and Move Toward Settlement

Once the property goes under contract, the executor signs the agreement on behalf of the estate.

Depending on the will and state requirements, additional court approval may be necessary before closing.

After settlement, sale proceeds are deposited into the estate bank account, not the executor’s personal account.

Step 12: Distribute Proceeds According to the Will

Once the real estate sale is complete, the executor will:

Helping Families Navigate Estate Sales Across Delmarva

Selling a parent’s home during probate can be both emotionally difficult and legally complex. Having experienced professionals guiding the process can make a meaningful difference.

With more than 25 years of real estate experience and over 1,000 transactions, The Windrow Group has helped many families navigate estate property sales throughout:

We work closely with estate attorneys, title companies, and personal representatives to ensure each transaction is handled smoothly, professionally, and with the respect these situations deserve.

If You’ve Been Named Executor

If you have been named executor of an estate and need guidance on selling a home in Maryland or Sussex County, Delaware, we would be honored to assist you.

The Windrow Group
Invest in the Beach Lifestyle

Contact Erik Windrow for a confidential consultation regarding your estate property.