A will has not been probated and the executor now wants to mortgage one property to pay some legal fees. Is that legal?
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The executor needs to submit the will for probate, and apply for the job, to be the executor, in the eyes of the law. Until there are either letters testamentary (for the executor under a will) or letters of administration (for the personal representative if there is no will), issued by the court, nobody has the legal authority to do anything in the name of the deceased, or of the estate of the deceased.
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