Who maintains a property until the Will is through probate?

The 3 of us siblings were named in the Will to inherit a house and property. The conservator of the estate just turned over all the books now that my stepmom passed. We certainly don’t want to see such a beautiful property fall apart but all of us live at least 2,000 miles away and we aren’t the legal owners of the property until it is deeded to us through the court, right?

Asked on July 10, 2012 under Estate Planning, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Who has been named as the executor of the Will?  The executor has a fiduciary responsibility to maintain estate assets.  If they are far away then they can hire some one to maintain the asset.  Now, there is obviously more to the story here so I would seek out help.  Good luck.

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