Yes, it is very common.
Yes. You can notify the court that the executor has died and request that you be appointed the successor.
You will be notified by the person who petitions the court to have the will allowed and to be appointed the executor.
There is no requirement to do so. The executor does not even have to be notified that they were appointed.
No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.
Yes.
No. The executor has the power and authority to settle the estate according to the provisions in the will and the state probate laws. A guardian is appointed to act on behalf of a child or legally incapacitated person who may be a beneficiary. The guardian is treated by the executor as though she was the person she represents if that person had legal capacity.
Yes, an executor can also be a beneficiary in a will.
Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.Yes. Once an executor has been appointed by the court they have the authority to settle the estate according to the provisions in the will and according to the state probate laws. Every executor has some degree of discretion in settling the estate and they have the final word. If the beneficiary has a bona fide complaint about an executor's decision they can file a motion for the court to render a decision on the matter.
Yes. An executor may also be a beneficiary.
You have conflicting legal terms in your question.An executor is appointed when the decedent left a will.Intestate means that the decedent died without a will. If the son was the "named beneficiary" as you stated then there must be a will.The son can petition the court to be appointed the executor of the will.If there is no will some qualified person must petition the probate court to be appointed the Administrator of the estate. The son would be a qualified person.
Absolutely not. And take note, no one is an executor until they have been appointed by a court. The will must be filed in probate and the court will appoint the executor. Once appointed the executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the probate court. Any executor who fails to perform their duties according to the will and the law can be sanctioned by the court.
Yes, an executor can also be named as a beneficiary in a will.