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Posted about 4 years ago.

Thanks April. As the named executor and power of attorney holder of the deceased can I sell the property(sign closing papers) before the probate case number is even started? The will says to sell the house and divide money not to leave the house to any heirs.

April Denise Hill
April Denise Hill, Elder Law Attorney - Saint Petersburg, FL
Posted about 4 years ago.

Reply to:

Comment: Thanks April. As the named
executor and power of attorney holder of the deceased can I sell the
property(sign closing papers) before the probate case number is even started?
The will says to sell the house and divide money not to leave the house to any
heirs.

Even though
the will tells you to sell the house, you first need the authority from the
court.
When a person
is named personal representative in a will they have been
"nominated."
The next
step, of opening the estate in the court, is where you will actually be
appointed.

One does not
have authority to handle any asset in the estate until they have actually
been appointed by the court.

April D. Hill,Esq., Board Certified Elder Law Attorney
Hill Law Group, PA
St. Petersburg, Florida
Toll Free: 866-265-8100 ~ 727-343-8959 ~ Fax 727-384-2437
ADH@HillLawGroup.com * www.HillLawGroup.com

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