Can I Clear A House Before Probate?
Can I clear out the house before I start probating? If you just had somebody pass away, they left the house with all their stuff in there. Can you start clearing it out before the actual probate starts? It’s a little bit of a risk. You need to know it’s a little bit of a risk if you start doing that. So, are you comfortable assuming the risk?
Here’s the rule. If you are the person who is going to be the executor, you’re named in the will, or maybe you’re the only heir. Those are only two options. Maybe you have siblings, and everybody says, like Francisco, you will do the job. You’re going to be the executor. If it’s clear-cut and you are going to be the executor, then anything you do on behalf of the estate before you’re actually appointed is okay. You’re allowed to do it.
Just make sure you do it with the best interest of everybody in mind. So, you’re basically taking care of it on behalf of the estate. You’re not thinking like, I really like that TV; that one will come with me. I like the furniture; I’m going to take the furniture. I like that, nope, nope, nope, nope. You’re treating it absolutely fairly. You’re making sure, like, I would document.
Nowadays, we’ve got cool things, called phones, that we can take pictures and document stuff very easily. I would document as much as you think you need to. Thus, more than you think you need to. If you never need it, great. But document what is given away, what is sold, and what is maybe donated. Then you can have that if you ever need it.
If it’s not a clear-cut situation. If you’re not the only heir, you don’t have a will that names you. If everybody doesn’t agree on who should be in charge. The only thing I would clear out of the house would be food or other stuff that would spoil and cause problems. I wouldn’t do anything.
Personally, I wouldn’t take that risk. I would go in and clear out the fridge; I would look around and make sure there is no other food that will spoil or attract ants or anything else—any that will cause damage then deal with it. But if it’s not going to cause damage by sitting there, I’d let it sit until that gets resolved because it will just come back to bite you.
Summary
There are disadvantages to cleaning an estate before probate. It is usually acceptable if you’re the single heir or obvious executor. Ensuring fairness and recording your activities is essential. But to avoid potential issues in unclear circumstances or arguments, only discard perishable products. In any case, it is safer to wait until the probate issues are resolved before proceeding.
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