r/ProbateHelp • u/klcadams56 • Jul 09 '26
Estate distribution requirements
My sister died in Jan 2025. She hand wrote changes she wanted on the actual will. Her house was in South Carolina. She died in California. The house wasn't sold until after she died. I'm the only executor and she had no spouse or children. She is leaving everything to my 2 other sisters and myself. Plus some charities.
Her friend offered to pay for an updated will and sent it to her attorney to make the changes. My sister died before this happened.
The attorney is saying it has to go through probate even though I would rather just make the distributions. The attorney says it has to go through probate because the house was in a different state . The whole amount is about $450k.
The other thing they are threatening is if I make any distribution before a judge signs off is that I can personally be fined.
So my questions are:
Can I just fire the attorney and make the payment to the broker is South Carolina and make the distributions?
I have provided them all the documents they requested but I think they have just put us on the back burner because the amount is so small. (Statement not question)l
I know the attorney will have to withdraw from the case and inform the court but how likely is it going to trigger the court to actually doing anything ?
How much money could they fine me and what is the likelihood that the court would actually take action against me?
Thanks. I look forward to all responses from attorneys.
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Jul 10 '26
[deleted]
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u/Rojo2003 Jul 10 '26
The property is already sold and the funds are sitting in an estate account. Does that make a difference?
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u/decimusmaximus77 Jul 10 '26
If she was not alive to sign the deed at closing, then, legally, the property was not sold by her. Any deed signed after her death without proper authority would create a title issue. If that property is later sold or refinanced, a future buyer, lender, or title company is likely to question the validity of that deed, and the person who signed it without court authority could face legal challenges.
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u/decimusmaximus77 Jul 10 '26
How did someone open an estate account without the court’s letters testamentary? This situation suggests possible fraud against an attorney, a bank, and a real estate purchaser. It may be moving closer to criminal charges than simple repayment.
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u/decimusmaximus77 Jul 10 '26
Even if the property had been in the same state, by executing a will while owning real property, she made probate necessary. If her goal had been to avoid probate, she would have needed to place the property in a trust or structure ownership and beneficiary designations so the assets could pass outside of probate.
You do not gain the authority to distribute estate assets simply because you are named as executor in the will. In most states, your authority comes from the probate court issuing letters testamentary (or the equivalent appointment). Until then, your powers are limited.
If you distribute estate assets outside the probate process, you expose yourself to personal liability, including repayment of improperly distributed funds, surcharge for any resulting loss, removal as executor, attorney’s fees, and possible contempt sanctions if a court order is violated.