Can a person rent out his deceased mother’s house before the Will has been probated?

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Can a person rent out his deceased mother’s house before the Will has been probated?

His older brother is the executor of the estate but is in jail so has not probated the Will yet. The younger son is named as backup executor if the older son is unable to fulfill the duty. The younger son wants to rent the house to have someone maintain it in the meantime. Is this legal to do?

Asked on June 17, 2015 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In this case, where the executor is unable to fulfill his duties and the younger son is the back-up executor, then yes, he should be able to do this: as long as he is acting in the interests of the estate and any heirs, an executor (including the back-up executor when circumstances are such that the back-up executor has to take over) has the authority to rent out estate property prior to probate. Since it is reasonable that bringing in money and seeing to the home's maintenance would be in the interest of the estate and heirs, he should be able to do this.


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