Who sets the commission to be paid to a broker in a probate sale?

In a probate sale, the court plays a critical role in overseeing the process, which includes the determination of the broker’s commission. Since probate sales involve the sale of a deceased person's property, the court must ensure that all legal requirements are met, including financial considerations.

The commission for the broker is typically set as part of the court’s approval process for the sale. This ensures transparency and compliance with probate law, as the court must safeguard the interests of heirs and creditors. Such oversight is essential to avoid potential conflicts or unethical practices that could arise during the handling of an estate.

Alternatively, the seller would not have the authority to set the commission in a probate sale since they may not have a full ownership stake in the property due to the ongoing probate proceedings. The role of the state government and local real estate boards does not typically extend to setting commissions for specific sales, particularly in probate contexts where court sanctioning is paramount.