06/02/2026
Gary L. Fales Attorney at Law Roger Owens Realtor S.179116
This post is a bit long but might be the best thing you can read if you have assets or an older family member.
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Or call now at:
(702) 804-0024
Most people understand that probate costs money.
Roger Owens Realtor S.179116
Fales Law Group
What they don’t understand is how much of that money disappears the moment the court orders a house sold.
Here’s the math nobody shows you.
Say your parents leave behind a $500,000 home. It’s the biggest asset in the estate. The kids inherit it, but the trust never owned it — Mom and Dad held it in their personal names.
So the house goes through probate.
The court appoints someone to handle the estate. That person hires an attorney. That attorney lists the house. The real estate commission runs five to six percent. On a $500,000 house, that’s $25,000 to $30,000 — gone before anyone sees a dime.
That’s just the commission. Add the probate filing fees, the attorney’s fees, the appraisal, the holding costs, the closing costs. By the time it’s done, your family is lucky to walk away with eighty cents on the dollar.
Forced sales aren’t real sales.
I’ve watched families get hammered on price because a probate sale comes with red flags.
The court has to approve the sale. The timeline is unpredictable. The buyer might wait four months for a hearing. Most serious buyers walk away. The ones who stay know they have leverage — and they use it.
So your $500,000 house? It closes at $460,000 to a buyer who knew the family was stuck. Then commission and fees eat the rest.
The kids inherit about $400,000.
Here’s what could have happened instead.
If the house had been titled in a living trust, none of this would have happened. The successor trustee would have stepped in the day after Mom passed. The house could have been listed at full market value, in the normal market, with a normal timeline.
No court. No fire-sale buyer.
The Family Plan™ at Fales Law Group
✔ A living trust drafted to fit your family, not a template
✔ Your home properly deeded into the trust — not just promised
✔ Full funding of all major assets so nothing triggers a forced sale
✔ Successor trustee instructions for a clean transition
✔ Coordination with your realtor so the family can sell on their own terms, not the court’s
The probate court is not a good real estate agent. Don’t let it sell your home for you.
Reserve Your Free Consultation
Or call us now at:
(702) 804-0024
Let’s make sure your plan isn’t just paperwork.
Protecting what matters most,
Gary L. Fales Attorney at Law
