What Estate Attorneys Should Know About Their Clients' Real Estate Options

By Pete McGuinn, RE/MAX Main Line

Estate attorneys in Delaware, Chester, and Montgomery Counties handle the legal side of settling an estate — but real estate is often the largest and most complicated asset in play, and clients frequently look to their attorney for a referral when it comes time to sell. Here's a practical rundown of what matters when that referral comes up, and how the right agent relationship can make an attorney's job easier, not harder.

Clients Need a Referral They Can Trust Without Following Up

When a client asks "do you know a good agent," attorneys are effectively vouching for whoever they name. That referral works best when it's someone who:

• Understands the legal side well enough not to create extra work for the attorney
• Communicates proactively so the attorney isn't fielding real estate questions they didn't sign up for
• Handles executors and multiple heirs with patience, since family dynamics during probate can be delicate

Timing Real Estate Around the Legal Process

Real estate transactions and probate timelines don't always move at the same pace, and mismatches here create friction. A few points worth aligning on with any agent:

• Short Certificate timing. The executor generally needs Letters Testamentary or Letters of Administration before listing. An agent who pushes to list before this is in place is creating unnecessary risk.
• Court approval requirements. Depending on the will and how the estate is being administered, some sales require court approval before closing. An agent unfamiliar with this can set unrealistic closing timelines with buyers.
• Multiple heirs. When heirs disagree on price, timing, or whether to sell at all, a real estate agent pushing too hard for a quick sale can escalate tension the attorney then has to manage.

As-Is Sales and Disclosure

Pennsylvania law generally exempts estate sales from the seller disclosure requirements that apply to a typical owner-occupied sale, since the estate representative often doesn't have firsthand knowledge of the property's condition. Even so, a good agent will still recommend transparency with buyers about known issues, since it reduces the odds of a deal falling apart during inspection — which ultimately protects the estate and the attorney's client.

Working With, Not Around, the Attorney

Some real estate agents treat the attorney as a formality to work around. A better approach — and one that leads to repeat referrals — is an agent who:

• Loops the attorney in on major decisions or complications
• Understands what is and isn't their lane, and refers legal questions back to the attorney rather than answering them
• Provides clean documentation (listing agreements, offers, settlement statements) that make the attorney's file-keeping easier, not harder

Local Market Knowledge Across the Three Counties

Because estate work often involves clients who inherited property in a county different from where they live, attorneys benefit from an agent who can speak knowledgeably about Delaware, Chester, and Montgomery Counties as a set — rather than referring out three different agents for three different towns. Consistency here means fewer moving parts for the attorney to manage across multiple client files.

Building a Referral Relationship That Works Both Ways

The strongest attorney-agent relationships aren't just one-directional referrals. Agents who understand probate well can also flag for attorneys, early, when a property is going to be a difficult sale — over-encumbered, contested among heirs, or in poor enough condition that it changes the math on how the estate should be settled. That kind of early flag can save an attorney and their client real time and money.

Pete McGuinn, RE/MAX Main Line, works alongside estate attorneys across Delaware, Chester, and Montgomery Counties, PA to support clients through probate and estate property sales. If you're an attorney looking for a real estate contact you can refer with confidence, I'd welcome the chance to connect.