Tulsa, OK asked in Probate for Oklahoma

Q: I'm a Licensed Realtor & I have been appointed by the court as personal representative of my father's estate. House is

under contract. Am I allowed to receive a commission on the sale since I am the personal rep of the estate?

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
PREMIUM
Answered
  • Probate Lawyer
  • Oklahoma City, OK

A: Probably yes but you should obtain court approval to protect yourself and the estate. You have a fiduciary duty to the heirs/beneficiaries and self-dealing in such a situation should be fully disclosed and approved by the court. Even if the listing agreement predated the probate filing. Your attorney can advise you. If you don’t have an attorney, you should get one. Probate is a very arcane and complicated process. Missing any one of dozens of details relating to the sale or the probate process could result in a cloud on the buyer’s title that might not be found until the property is being re-sold. Good luck and best wishes.

Richard Winblad agrees with this answer

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