For executors · Authority to Sell
Do You Actually Have Authority Yet?
Being named in a will is not the same as being appointed, and selling before appointment can create a genuine problem.
Unhurried, itemized, and with a written record. Bring the co-executor, the attorney, or whoever else needs to see it.
2004
Buying precious metals in South Florida since
Itemized
Every item weighed and priced separately, in front of you
Written
A record the estate can put in the file
No pressure
Take the offer away. It will still be there
The most common early mistake
A family member starts clearing the house and selling things within days, before probate has been opened or a personal representative appointed. It is done with entirely good intentions and it can create real difficulty later, particularly if a beneficiary disputes anything.
Speed is the usual reason it goes wrong. A family clearing a house under time pressure, frequently with a sale pending, starts moving items because the alternative is paying for storage. The intention is practical and the effect is that property has been disposed of before anybody had authority to dispose of it.
What to establish first
- Whether probate has been opened.
- Whether you have actually been appointed, in writing.
- What your authority covers, and whether it requires court approval.
- Whether any specific item was left to a named beneficiary.
- What your probate attorney advises about timing.
What a buyer should ask you
Whether probate has been opened, whether you have been appointed, and whether the will contains specific bequests covering any of what you are bringing. A buyer who does not ask is not protecting you from a problem you may not know exists.
It is also worth having the answers before you arrive, because the alternative is a conversation at a counter about documents that are at home.
How we handle it
- 01Ask whether the estate has been opened before transacting.
- 02Keep a written record of everything for the file.
- 03Decline where authority is unclear, rather than proceeding.
- 04Wait, if your attorney says wait. We are not in a hurry.
Check the will for specific bequests before selling anything. A ring left to a named grandchild that has already been sold is one of the most difficult conversations available in estate administration, and it is entirely avoidable.
Said plainly
Where we stop
This is general information, not legal advice. Your probate attorney determines your authority and what you may sell and when.
FAQ
Common questions
- Can we sell before probate is opened?
- Ask your probate attorney. Selling before appointment can create real difficulty.
- What about specific bequests?
- Check the will first. Selling something left to a named beneficiary is a very difficult conversation.
- Will you buy if authority is unclear?
- No. We would rather wait.
- Is this legal advice?
- No. General information only.
What we buy
Gold Jewelry
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Sterling Flatware & Hollowware
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Coins & Bullion
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Watches
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Diamonds & Stones
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Costume & the Rest
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Next step
Run it both ways before you decide.
No credit check and no obligation. Tell us what you hold and what the money is for, and if selling is the better answer for your situation you will be told that first.