Can an executor throw things away before probate?

Generally an executor may secure and, with letters testamentary, dispose of low-value contents as part of administering the estate. Items of value should be inventoried and, if the will or beneficiaries require, appraised first. Check with the estate attorney.

What should you not throw away when cleaning out a house?

Legal and financial documents, tax returns, insurance policies, keys, medications (use a take-back program), firearms, cash, jewelry, photos, and anything a beneficiary has asked for. When in doubt, bag it and decide later.

Estate cleanout checklist for executors and family

Updated 2026-09-14

First week

Secure the home: locks, alarm, a neighbor's eye. Stop mail forwarding to the house and start it to you.
Find and remove: will and trust documents, deeds and titles, insurance policies, tax returns (seven years), bank and investment statements, safe deposit keys, passwords, medications (dispose via pharmacy take-back), firearms (secure lawfully), cash and jewelry.
Photograph every room and anything of value. Executors are accountable to beneficiaries.
Get several copies of the death certificate; utilities, banks and insurers all want one.

Before hiring a cleanout

Confirm your authority: letters testamentary or the trust document. Companies may ask.
Give family a deadline to claim items. Put it in writing. Two to four weeks is typical.
Decide the route for the rest: estate sale (worth it above roughly $5,000 of contents), consignment, donation (get receipts), cleanout.
Get two written estimates for a full-house job. Ask about resale credits and donation receipts.

On cleanout day

One decision-maker present. Tell the crew the categories of things to set aside if found.
Check the trash pile before each load leaves.
Keep the invoice; it is an estate expense.

After

Final clean, minor repairs, utilities to "vacant" plans, insurer told the home is empty (vacancy clauses kick in after 30 to 60 days).
Photos of the empty home for the file.

This is general information, not legal advice; an estate attorney can confirm what applies in your state.