The impulse to clear out a loved one’s belongings can be strong, but acting without permission can have serious consequences, including criminal charges or civil lawsuits.
So, the answer to the question “Can I remove property from a deceased estate?” is yes, but with a warning. You cannot simply take what you want, whenever you want. Let’s know more below.
Three Legal Ways to Remove Property from a Deceased Estate
Before you buy anything from a deceased estate, you need to understand exactly what you’re getting, the rules you have to follow, and the legal issues involved. A key point to remember is that you can’t remove items while the estate is in probate.
Here are the ways you should adhere to:
1. By Will or Testament
Property can be removed if the deceased explicitly stated wishes in a valid will, naming an executor responsible for administering the estate. Beneficiaries can claim items after the executor’s permission.
2. With the Permission of the Executor or Administrator
You must obtain explicit permission from the executor or administrator for the removal of the deceased’s estate furniture, as unauthorised removal is unlawful.
3. Through Probate or Letters of Administration
Property can only be removed after this process is complete and the executor or administrator has started asset distribution.
Law Violated by Unlawful Removal of Deceased Estate Property in Sydney
In Sydney, the unlawful removal of property from a deceased estate can lead to serious legal repercussions. This act is primarily classified as theft (larceny) under the Crimes Act 1900 (NSW), as it involves taking property without the executor’s consent, potentially resulting in imprisonment or fines
How Deceased Estate Specialists Ensure Legal Compliance?
Removal of deceased estate furniture can be emotionally challenging, but it’s still essential to follow the proper legal steps. Luckily, Deceased Estate Specialists helps families clear out the estate while managing necessary legal details, thereby avoiding potential legal issues during a difficult time.
