Skip to main content

Probate inventory: do all items inventoried have to be sold? Do sold assets have to be on inventory.

Los Angeles, CA |

Im the executrix and probating pro per for deceased mom's estate. Im main beneficiary 60% n 4 siblings. Most of the items of value have been specifically designated to each sibling. Do those items have to be on the inventory? What happens with inventory and does the proceeds go into the estate bank account?

I failed to mention the items in question of being inventoried are allocated in the will so those items are already gifted to the specific siblings and therefore will not be divided or be part of the final distribution of the estate. Do they still have to be in the inventory list or marked as gifted? Do all items on the inventory have to be sold before the final distribution is submitted? I am only concerned with possible problems with the courts. As for my siblings, they are not really concerned with the estate considering that I'm receiving 60% of it. They are all financially well established so the money received from the estate is also not of great interest. My other concern is actually putting a monetary value and listing those gifted items since my siblings would be able to compare what each had received. I think my mom would not like this.

Attorney Answers 4


Without knowing more, it would be difficult to give anything other than a general statement that all assets of a decedent must be inventoried and appraised if a probate estate has been opened. Having said that, there are practicalities that would govern and you should arrange a confidential consultation with an experienced probate attorney before doing anything.
Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

Mark as helpful

2 lawyers agree


Already answered.

Mark as helpful

1 lawyer agrees


To make sure you aren't going to get into trouble with the court or the other beneficiaries, you should consult with counsel.

Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

Mark as helpful


Yes, all assets listed in the Will need to be inventoried if they are in your possession as the personal representative of the estate. The probate referee will need to do the appraisal. You can provide guidance to him or her about the values of the personal property items. The items do not need to be sold before the estate can be closed. You can indicate the proposed distribution scheme in your final report to the court for approval. A good probate attorney will be willing to sub into your matter and perhaps for a fixed fee if the estate administration is almost completed.

As we must state: any information provided in this answer is not legal advice and your use of it does not create an attorney-client relationship.

Mark as helpful

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics