Q: Is it possible to enter a rental agreement (lease) for a property that is in probate?
It should be noted that the beneficiary - in this case, the deceased's wife, wants to rent it out. The property is in probate bc it was only in the deceased's name.
Short answer: Yes, it is possible.
Probate can tie-up a property for a long period of time, and it may be financially impractical for the property to remain unoccupied during that time.
The court will generally appoint an estate executor or personal representative. This representative is charged by state law with managing the assets during the probate process. Make sure they have the authority to lease the property to you. If you really want to protect yourself, ask the representative to obtain the Court's permission to lease the property.
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