In probate court matters concerning the sale of a deceased person's real property, who sets the commission for the sale?

In matters involving the sale of a deceased person's real property during probate, it is the court that sets the commission for the sale. This process ensures that all transactions related to the estate are conducted fairly and in accordance with legal standards. The court's involvement is crucial because it acts as an impartial entity that oversees the administration of the estate, including the sale of assets.

The executor, often appointed by the court, manages the estate's affairs, but they do not have the authority to unilaterally decide on commissions. The heirs may have opinions or preferences regarding the sale and commission, but their wishes do not determine the commission set for the sale. A real estate agent can propose a commission rate based on market standards and practices; however, final approval of the commission comes from the court. By having the court decide the commission, it helps maintain transparency and accountability throughout the probate process.