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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
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Experience:  Estate Law Expert
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I am the executor of my sister-in laws will with her only daughter

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I am the executor of my sister-in laws will with her only daughter being the beneficiary. MY sister in law passed away 4 years ago and all of her bills have paid. There is nothing to probate. The will says that as executor I have the authority to buy sell or rent the property with out undue interference of probate. Do I have to probate the will to sell the property. All she had is a small house with an acre of land. The property is in Tn. The house caught on fire a couple of weeks ago and my niece has to have a place to live so it needs to be sold so she can buy something she can afford. Does not probating void my authority to sell the property as long as the money goes to by another home for my niece?
I haven't had the money to pay a lawyer to probate the will.
Submitted: 7 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 7 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. First, the fact that there is a written document that names you as executor doesn't actually give you any power and the document itself doesn't have any power. The will only becomes a will once a judge examines it and issues an order stating that the document is the last will and testament. The judge can also, in the same order, appoint you as executor. Until the judge issues an order like hat then the document is not officially a will and you are not the executor. Without the will going through probate no one has the power to sell any property. What you may be able to do is work a deal with a local lawyer to where they will agree to handle the probate and will be allowed to get paid out of the funds from the sale of the property. That doesn't happen a lot but it is an option if the judge agrees to it. If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread.

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