Items in an estate
Get Legal Help Today
Secured with SHA-256 Encryption
Items in an estate
Can an attorney sell items from an estate prior to a personal representative being appointed – prior to probate?
Asked on May 20, 2009 under Estate Planning, Wisconsin
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.