Selling art through probate
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During probate, an executor or administrator generally has to document the estate’s art, and sometimes needs court or beneficiary agreement before selling it. A little preparation keeps the sale from being delayed.
Who can sign
Houses usually ask for papers that show who has authority to sell, such as letters testamentary or letters of administration. Requirements vary by state, and some sales need court or beneficiary approval. Ask the estate’s attorney.
What to prepare
- The inventory, with photos of each work
- The will or court papers that show your authority
- Any existing appraisals or insurance schedules
- Contact details for the attorney, if there is one
Appraisal and estimate
Probate and estate tax often need a date-of-death appraisal. A free auction estimate is separate: it helps decide what to sell and how. You can use estimates to choose which works to appraise.
Get started
Send photos or an inventory for a free review, or request a call and a specialist will phone you within 48 hours.
This page is general information about selling art, not legal or tax advice. Rules differ by state and by estate, so check anything involving ownership, taxes or court approval with the estate’s attorney or accountant.
Free auction estimate
Send photos of the estate’s artwork for a free review.
Speak with a specialist about your collection
For ten or more works, a conversation is often quicker than forms. Leave your number and the best time, and someone from ArtSell will call you within 48 hours to talk through the collection and your options. Free, with no obligation to sell.
Prefer to write? Send photos or an inventory for a collection review →
How selling at auction works
- Send photos for a free estimate. A photo of the front, plus the signature, the back and any labels if you can. Add the size and anything you know about where the work came from.
- Get an auction estimate. A specialist compares the work with recorded auction results and replies with an estimate range: what the work could reasonably bring at auction, not a guarantee or a formal appraisal.
- Agree terms and a reserve. If you decide to sell, you sign a consignment agreement that sets the commission, any fees and the reserve (the confidential minimum price below which the work will not sell).
- Ship or hand over the work. The work goes to the house for inspection, cataloguing and photography. Condition and authorship are checked before it is offered.
- The sale. The work is offered in a scheduled sale, online or in the room. Buyers pay a buyer’s premium on top of the hammer price; that is the buyer’s cost, not yours.
- Get paid. After the buyer pays, the house settles with you: the hammer price minus the seller’s commission and any agreed fees.
Typical timeline
- Estimate: usually a few days after you send photos.
- Consignment to sale: commonly 6–12 weeks, because houses build sales around themes and seasons and need time to catalogue and market each lot.
- Payment: usually about 30–35 days after the sale, once the buyer has paid.
What selling costs
- Seller’s commission: a percentage of the hammer price. At many houses it falls roughly between 10% and 25%, often lower for higher-value works, and it is frequently negotiable.
- Possible fees: some houses charge for photography, insurance, shipping or an unsold-lot fee. Ask which apply before you sign.
- Buyer’s premium: paid by the buyer on top of the hammer price. Prices in our results include it where the house publishes it.
Questions
Can an executor sell art before probate is finished?
It depends on the state and the estate. Ask the estate’s attorney before consigning anything.
What documents will an auction house ask for?
Typically proof of authority such as letters testamentary or letters of administration, and identification. The house confirms its own requirements.
Do I need a date-of-death appraisal?
Often, for estate tax or when beneficiaries divide property. An auction estimate does not replace it.
More for estates, heirs and collectors
- Selling an estate art collection
- How to value inherited art
- I inherited artwork. How do I sell it?
- Selling inherited art and estate collections (guide)
- Sell your collection: free review for 10 or more works
- Request a call about your collection
Seller guides
How to sell art at auctionWhat’s my art worth?Sell a paintingSell a printSell a sculptureSelling inherited art and estatesHow to photograph art for an estimateAppraisal vs. auction estimateWhere to sell artArt appraisal for insuranceHow to sell a painting you inheritedIs my print worth anything?What is my painting worth?Is my painting valuable?Original or print?How to read a signatureAuction vs. gallery vs. onlineSell your collection (10+ works)I inherited artwork: how to sell itSelling an estate art collectionHow to sell a large art collectionSpeak with a specialist about your collection