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Can you take items you’re due to inherit before probate is complete?

On Behalf of | Nov 21, 2023 | Probate & Guardianship

When a loved one dies and the funeral is over, there is a lot of work to do. If the estate is to go through probate, it could be months before everything is settled. You might not want to wait to take something you know you are due to get.

Can you just take something that the deceased told you would be yours?

You need to wait until probate is over

The item in question is not yet lawfully yours. While you might think you will inherit something, you cannot be sure until probate is over. Sometimes, people say something different in their will than what they said in person. Other times, they did write something in a will but later changed their will without telling the person losing out. Even if your name is properly listed as the beneficiary for the item in question, it may need to be liquidated to pay creditors.

You can start tidying, though

While you cannot take any items until probate has concluded, you can begin tidying. You can even start discussing who would like items that you believe have not been given special mention in the will, such as an old crockery set or Grandad’s tools. However, you need to take care and ideally manage smaller concerns alongside another beneficiary so that no one can accuse you of secretly removing items.

Learning more about how probate works can help you make informed decisions after the death of a loved one. You can also seek legal guidance to clarify any questions or concerns that you may have at any time.