Q: Can a house or car from an estate be used if it hasn't been settled with the beneficiaries yet

A: After a fiduciary (executor if there is a will or administrator if there is no will) has been appointed to handle the estate, the fiduciary will need to safeguard the assets while the estate is being administered. Some assets may be sold, and others may be held for eventual distribution. With a house, there might be practical reasons why having it occupied might be better than leaving it vacant. Reasons to have a house occupied might, for example, include security, keeping the grounds maintained, ensuring that the heat does not go out in winter months, or that the occupant already lived in the house under an arrangement with the decedent. The fiduciary generally should avoid having assets that are not productive if there are alternatives that fit the duration of the administration of the estate. If it is possible to rent the asset while the estate is being administered, and if such arrangement makes financial or management sense, such an arrangement might be appropriate.

The car would be a slightly different analysis. The possibility of an accident, with personal injury or damage, the difficulty to insure against and pay the deductable for such loss, would perhaps make such an arrangement less likely. Mileage, wear and tear, and maintenance would also be considerations that would have to be taken into account to judge whether such use should be permitted. An accident could occur in a house, and care should be taken to contractually protect the estate as best as possible.

Your question alludes to the consideration of the beneficiaries' interests or wishes or both. A beneficiary who is entitled to a specific asset, such as a car, might object to wear and tear on the vehicle, even if no specific damage is done. The fiduciary generally may act in the general best interests of the estate, subject to the court's oversight. Beneficiaries may object, but the judge is the ultimate arbiter. However, if the value of the vehicle is affected by its use, such specific beneficiary could object to the decline in value and ask the court to order compensation for the loss in value, either from the estate residue or possibly requiring the fiduciary to pay (if the actions of the fiduciary were not prudent.)

The general focus of the estate's administration should be concluding the estate and distributing the assets. After the time for creditor's claims have passed and debts paid (approximately six months from the date of death), the specific distributions could be made.