Items in an estate

Question Details: Can an attorney sell items from an estate prior to a personal representative being appointed - prior to probate?

Asked 5/20/2009 under Wills, Trusts, Probate | 225 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Wills, Trusts, Probate Law Answers

The short answer is no.  The estate must go through some level of probate first.  If there is no will, a personal representative will be appointed by the court.  If there is a Will, there is an executor named in the Will.  It is up to the personal representative or executor to pay the debts, including taxes, medical and funeral bills, etc., and then disburse the remaining assets as set out in the will or instructed by the court.  Sometimes property must be sold in order to pay off the debts or even to disburse the assets, but that is normally done by the executor or personal rep. in accordance with probate.

Related Wills, Trusts, Probate Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com