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An executor is a person named in a Will whom the deceased person appointed to administer their estate.An administrator is the person appointed by the court to administer the deceased person's estate where the deceased did not have a Will, no executor is appointed, or the appointed executors do not or cannot act.

There should be absolutely no legal issue with your selling the items prior to the grant of probate having been issued (provided the Will is valid and you are the executor).

As an Executor, what you cannot do is go against the terms of the Will, Breach Fiduciary duty, fail to act, self-deal, embezzle, intentionally or unintentionally through neglect harm the estate, and cannot do threats to beneficiaries and heirs.

The executor can sell property without getting all of the beneficiaries to approve.The administrator will come in with a buyer and a contract and if someone else in court wants to pay more for the property than that contract price then the judge will allow that.

An administrator will take title legally on the estate's assets, and has legal responsibility to file all tax returns and pay all related taxes.In certain cases, the administrator may have personal liability for any unpaid tax amounts due for the estate.

Can the administrator-child withdraw cash from the estate and say that he is just withdrawing his own cash? The answer to that is absolutely not. Even though the administrator is one of the beneficiaries of the estate account, at the end of the day the account is not his. The estate belongs to all the beneficiaries.

Duties and Responsibilities After debts, taxes, and expenses are paid, the remaining assets are distributed to the decedent's beneficiaries.It is the executor's or the administrator's responsibility to collect and distribute the assets and to pay any death taxes and expenses of the decedent.

ANSWER: No one should remove items from a home of a person who has died until the executor or administrator of the estate gives approval.The executor also must account for the decedent's interest in real property, which includes things like land, commercial buildings, and homes.

Paying any debts and liabilities of the estate, owing prior to death; defending the Will of the deceased if litigation is started against the deceased's estate; attending to tax returns for the deceased and their estate; distributing the estate in accordance with the deceased's Will.

Vermont Amended Inventory of Executor Administrator

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FAQ

What is the difference between executor and administrator of estate?

Can an executor sell items before probate?

What an executor can and Cannot do?

Can Administrator sell property without all beneficiaries approving?

Can an administrator of an estate take everything?

Can an administrator withdraw money from an estate account?

What are the responsibilities of an executor or administrator in the settlement of an estate?

Can an executor take items from the estate?

What rights does the administrator of an estate have?

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