Probate and estate sales

Selling a loved one's home,
one step at a time

Aloha, I'm Matt Ball, a REALTOR® with Coldwell Banker Realty in Kailua. If you're settling a loved one's estate, you're carrying a lot at once. I walk families through probate and trust sales one step at a time, with patience and a steady checklist.

  • MRP and CFSP designations
  • I work alongside your attorney
  • No pressure on timing
A steady checklist
  • Secure the home
  • Confirm who can sign
  • Price from real data
  • Sell with care
$27M+In Oʻahu home sales
95%Of my business, give or take, comes from referrals and past clients
5.0Google rating, from 12 client reviews
MRP and CFSPMilitary Relocation Professional and Certified Full Service Professional

Matthew Ball, REALTOR® RS-83609, Coldwell Banker Realty, Kailua office. Ratings from my Google reviews.

Estate sales

What an estate sale usually looks like

  1. Step 1

    Take a breath

    • You don't need to list right away. Keep the home secure, insured and maintained.
  2. Step 2

    Confirm authority

    • A personal representative (probate) or successor trustee (trust) usually signs.
    • Your attorney confirms it. Need one? I can refer you to attorneys I trust.
  3. Step 3

    Gather documents

    • Will or trust, death certificate, deed, mortgage, tax and association bills.
  4. Step 4

    Prepare and price

    • Clear out, then fix or sell as-is.
    • A pricing study for the neighborhood.
  5. Step 5

    Sell and close

    • Escrow and title confirm who can sign.
    • Proceeds go where your attorney directs.
The essentials

What to know before you sell

Tap a card for the details.

There's no need to rush. These steps protect the home while you decide.

  • Insurance. Keep the policy active, and tell the insurer if the home is empty. Vacant homes can need different coverage.
  • Security. Change or check the locks, forward the mail, and keep the utilities on so the home stays in good shape.
  • Bills. Keep track of the mortgage, property tax and association dues. Your attorney can tell you how they should be paid.
  • Belongings. Ask your attorney before giving away or selling items from the home.

Who signs depends on how the home was owned. Your attorney confirms it.

  • Probate. The Circuit Court process under Hawaii's probate code. A personal representative is appointed, through an informal application to the registrar or a formal petition, and then handles the sale.
  • Trust. If the home was in a living trust, the successor trustee usually sells it under the trust's terms, often without probate. For your own planning, such as a trust or a power of attorney, I can refer you to estate planning attorneys I trust.
  • Small estates. For estates of $100,000 or less, Hawaii has simpler options. A small estate affidavit covers personal property, like bank accounts and vehicles. The court clerk can also handle some small estates. Ask your attorney if these fit.
  • Before closing. The title company checks the paperwork that shows who can sign. Getting this ready early keeps escrow on track.

Sell as-is, or fix a few things first. We weigh it together.

  • Keepsakes first. Give family time to choose what matters before any clear-out.
  • Clear-out help. Estate sale companies, donation pick-ups and haulers can take on the heavy lifting. I can refer you to ones I trust, and you choose who to hire.
  • As-is or repairs. Some repairs pay for themselves; others don't. I'll show you what buyers in that area expect.
  • Showing the home. A clean, empty or lightly staged home photographs well and helps buyers see it clearly.

A realistic price, and a realistic timeline for the area.

  • A pricing study. I look at recent sales and current competition near the home, and share it with you and your attorney.
  • Timing varies. Time on market differs a lot by neighborhood and price range. I'll show you what recent sales near the home took, so you can plan around it.
  • Date-of-death value. For tax purposes, the basis of inherited property is generally its fair market value on the date of death. A CPA or appraiser can tell you if you need a formal appraisal. I can refer you to both.

A few rules to raise with your attorney and CPA.

  • Inherited basis. Usually the value on the date of death, which can lower the taxable gain on a sale. Your CPA will confirm.
  • HARPTA and FIRPTA. Withholding can apply when the seller is a nonresident or a foreign person. How it works for an estate or trust is a question for your CPA.
  • Seller disclosure. Hawaii's disclosure law lists sales by devise, descent or court order among its exemptions. Ask your attorney what applies, and what you should still share.
  • Conveyance tax. Usually paid by the seller at closing, starting at $0.10 per $100 on sales under $600,000.
  • Home exemption. If your loved one had the home exemption, tell the city within 30 days once it no longer applies.

Keeping everyone informed, from Oʻahu or the mainland.

  • One point of contact. I keep the personal representative or trustee updated, and share updates with others as they choose.
  • Remote signing. Much of the paperwork can be signed electronically, and some documents need a notary.
  • Video walk-throughs. Family who can't visit can still see the home and its condition.
In their words

What clients and partners say

He's responsive, easy to work with, honest about what's happening with a property, and he handles tricky situations with a calm, professional approach that protects his clients.

Ciprian D. Founder, Soare Productions, Google review

Matt takes care of your concerns and concerns you didn't know existed. 10/10 recommend

Mike M. Google review
Quick answers

Frequently asked questions

Generally, yes. Once the court or registrar appoints a personal representative, that person usually handles the sale. Your probate attorney will confirm what's needed and when.

The successor trustee usually sells the home under the trust's terms, often without probate. The title company will want to see the trust paperwork.

Not always. Some estate homes sell well as-is. I'll show you what buyers in that area expect, and we'll decide together which repairs, if any, are worth it.

For estates of $100,000 or less, Hawaii has simpler options, such as a small estate affidavit for personal property. Real estate usually needs another path, so ask your attorney.

Yes. I'm glad to coordinate with your probate or estate planning attorney and your CPA. If you don't have one yet, I can refer you to trusted attorneys and CPAs, and you choose who to hire. I'm a REALTOR®, not an attorney, so legal and tax questions go to them.

Keep reading

More guides on this site

Where the numbers come from

Sources

I'm a REALTOR®, not an attorney or CPA. This page is general information, not legal, tax or financial advice, and attorneys and CPAs handle legal and tax questions. Figures are estimates from the sources listed and can change. Probate and trust rules depend on the documents and the court, so please work with a Hawaii attorney and a CPA. If you need one, I can refer you to trusted professionals. They are independent, and you choose who to work with.

Matt Ball, REALTOR®, with his wife Amanda
Let's talk story

Settling a loved one's estate?

I'm sorry for your loss. When you're ready, let's talk story about the home, with no pressure on timing.

Matthew Ball, REALTOR® RS-83609, Coldwell Banker Realty