Legal Question in Wills and Trusts in Arizona
Probate Real Estate
Person died, owned rental property which goes to renter upon death (per will). do I as executor continue to collect rent and pay expenses on property until property is distributed to renter or should I distribute property immediately to renter
1 Answer from Attorneys
Re: Probate Real Estate
You must first open a probate and obtain appointment as Personal Representative of the estate (the new term for executor). Then, you can ask the court for approval to make a partial distribution of the estate at the appropriate time and if it is not a conflict with others interested in the estate, ie. creditors, taxes, other claimants. The Will has to be accepted for probate as the valid Will, before you can administer the estate according to the terms of the will.
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