Divorce & Estate Home Sale Checklist

A Clear, Neutral Guide to Selling Property Without Costly Mistakes

Selling a home during a divorce or after a death is not a typical real estate transaction. Emotions run high, timelines are often court-driven, and mistakes are expensive.

This checklist is designed to:

Reduce conflict
Prevent delays
Protect equity
Keep decisions grounded in facts, not stress

It is written for homeowners, heirs, executors, and anyone responsible for selling a property under sensitive circumstances.

Phase 1: Before Any Decisions Are Made

Skipping this step causes the most problems later.

Confirm legal authority to sell

Divorce: Is a court order required?
Estate: Has an executor or personal representative been appointed?

Identify all decision-makers

Spouses
Heirs
Attorneys
Trustees

Pause emotional decisions

No pricing guesses
No rushed repairs
No informal agreements

Secure the property

Change locks if needed
Verify insurance coverage
Control access

Phase 2: Documents You Must Gather

Missing paperwork is the #1 cause of stalled sales.

Deed and vesting
Mortgage statements
Property tax records
HOA documents (if applicable)
Insurance policy
Utility accounts
Death certificate (estate sales)
Divorce decree or court orders (divorce sales)

Estate sales only

Written inventory of contents
Clear agreement on what stays, goes, or is sold separately

Phase 3: Property Condition & Contents

Over-improving can cost as much as neglect.

Decide early: Sell as-is or improve

Base this on return, not opinion

Remove personal items

Photos
Paperwork
Medications

Address safety issues only

Trip hazards
Active leaks
Electrical risks

Estate clean-out plan

Donation
Junk removal
Estate sale (if appropriate)

Phase 4: Pricing & Timing Strategy

This is where most money is lost.

Obtain a true market value opinion
Understand fast-sale vs. top-dollar tradeoffs
Calculate carrying costs
Align pricing with legal obligations

Set communication rules

Who approves price changes?
How decisions are documented?

Phase 5: Tax & Financial Considerations

Ignoring this can erase gains.

Capital gains implications reviewed
Step-up in basis confirmed (estate sales)
Liens or judgments identified
Proceeds distribution agreed to in writing

Consult a CPA or attorney when needed.

Phase 6: Listing Through Closing

Reduce friction. Increase cooperation.

Neutral presentation
Clear showing rules
Pre-agreed inspection and repair limits
Appraisal risk discussed early
Final approval authority confirmed

Common Mistakes & When to Get Help

Avoid these costly errors

Emotional pricing
Unplanned renovations
Too many people running the sale
Ignoring tax consequences
Waiting too long for guidance

Get neutral help if

Conflict exists
Deadlines are court-driven
Property is vacant or distressed

A neutral advisor often saves more than they cost.

While this is not everything you need to know it is a very good start. Contact Bob Baronas for a consultation regarding your situation, the work needed to move forward and how Bob can best assist you.

Bob@CBNAZ.com

(928) 985-0140