Many attorneys will represent a seller of real estate for a flat fee. The fee is usually paid from the proceeds of the closing. In this instance, however, there is more to it than a simple residential real estate transaction. You need an attorney who is familiar with probate and who may be willing to work with the family to sell the property without having to open a probate estate. If all of the heirs are in agreement (a key point), real estate can be sold by entering into a family settlement agreement by which all of you agree to take full responsibility for the "estate" (including any claims that might be made against the estate) and to sell the property through a title company providing an undertaking and a bond in lieu of probate to the title company. If you are all in agreement, enter into the family settlement agreement, and provide the title company with all of the documentation they request in order for them to be willing to provide a title policy to the buyer, you can sell the property without the need for a probate estate. The additional work involved in handling the real estate this way will cost more than a simple residential real estate closing, but most attorneys will agree to be paid from the proceeds when the house sells. Hourly rates range quite a bit from area to area, and even within the same area depending on years in practice and other things. The important thing is to find an attorney who is knowledgable and experienced that you feel you can trust. Since handling real estate in this way (without a probate estate) is not the norm, you also want to find an attorney who has done it before and who has a good relationship with a title company that is willing to issue a title policy on this basis.
Answered on Mar 18th, 2013 at 6:10 PM