Upon the death of the testator the person who was appointed executor in the will, if living and available, should secure the property and choose an attorney to carry out the probate of the estate. She must take the will to the attorney so a petition can be presented to have the will allowed and have the executor appointed by the court. Until the executor is court appointed no one has the power to do anything with the estate. If the named executor is not available then any family member or beneficiary may contact an attorney to commence the probate of the estate.
The first step the nominated executor should take upon the death of the testator is to secure the real estate, make arrangements to collect the mail and hire an attorney who can file the petition for probate to have the will allowed and the executor appointed. An executor has no power or authority until they have been appointed by the court. Once an executor has been appointed by the court they should collect and inventory the assets of the decedent and publish a notice in the newspaper to notify creditors. However, they must "hit the ground running" because there are a number of important tasks that must be done immediately. The credit cards must be cancelled. The Social Security Administration must be notified. The debts must be paid.
When the testator has passed away. That is when their duties begin. The first thing they have to do is file with the probate court to be appointed as executor.
The executor is required to distribute the will according to its terms. Who that is should not affect the distribution.
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
The executor should operate in the estate's best interests.
An executor who makes any changes to the will is in violation of law and should be reported to the court that made the appointment immediately. They should be replaced as executor.
An executor of a will is the same thing as a trustee. They are responsible for the estate and making sure that plans are carried out.
First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.
The executor should be reported to the attorney who is handling the estate and the court immediately. What you have described is criminal behavior and the executor should be prosecuted.
You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.
The more executor, the more complex the whole thing becomes. It is best to appoint a single executor.
No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.
The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.The executor should file an annual accounting with the court. If they have not the heirs should file a motion for the court to compel an accounting. An executor who acts in secret and resists reporting to the heirs should be watched closely.