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You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.

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Q: How does a family member apply to become executor of estate if executor is deceased?
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How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?

The executor can file a resignation with the court and you would petition for appointment as the successor.


Can you be executor of estate with no assets in estate?

Yes. This can make sense in order to close out the debts of the deceased and prevent creditors from annoying surviving family members.


When a death in the family occurs does the family qualify for the deceased's final work pay and vacation pay?

The deceased's ESTATE is due ALL pay and benefits that are owed up to the time of the death. The 'executor' of the estate may have to approach the deceased's employer to collect these benefits however.


Are executor fees taxable income if the deceased was a family member and the executor was also a beneficary?

There is a distinction between money the executor receives as compensation for administering the estate and money the executor receives as an inheritance. The fees are taxable income, the inheritance is not.


Can your family member who is executor and beneficiary of estate refuse to pay deceased debts?

The executor cannot refuse to pay properly documented debts. They do not have to pay them personally, the money comes from the estate. If there isn't any money, they show the court the assets and distribution and the estate is closed.


Can a executor sell the home in the will if it is split with another family member?

The executor of the will has the ability to sell property of the estate. They may have to in order to pay off the debts of the deceased. The value of the property after the debts are cleared would be split between the family members.


Can a deceased executor be replaced and do the heirs of a deceased executor have the right to be appointed to replace their parent?

The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.The answer to both questions is yes, if the heirs at law of the deceased executor are also interested parties to the estate. The family should get together and decide who would make a good replacement. Then the court should be notified of the death of the executor and at the same time the chosen replacement can request appointment as the successor. You should consult with the attorney who is handling the estate.


How do you know if a person who has died has an estate?

All persons have an estate It may be just the clothing they are wearing but Legally there is an estate. Ask who is the "Executor". The family and immediate Friends will know who. In most jurisdictions the Executor is required to file with the government and wait a period of time. This person is assigned the task of winding up the deceased affairs and distributing the estate.


What happens with a deceased family members tax refund?

The tax refund will have to be deposited into the Estate of the taxpayers account and used to pay debts of the estate. It will then be disbursed according to the taxpayers will or the laws of the State if no will exists. The Administrator or Executor of the Estate will need to sign the check and deposit it in the proper account.


What is the name of the person in charge of a family estate?

Executor


How do you transfer a deceased father's oil royalties to his family?

The executor of the estate will have the ability to do this. They can provide their Letter of Authorization and get the names on the deed changed appropriately. All such changes have to be approved by the court.


What to do with deceased assets if no executor asigned?

The probate court will appoint an executor. It is often a family member or a neutral party.