Items in an estate
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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
Answers:
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 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.
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