Certainly.
Generally, a will contest is filed when notice has been given that someone has petitioned the court to have the will allowed and appoint an executor. An executor is not appointed until the will is allowed. If there is some dispute as to the validity of the will an executor will not be appointed until the court makes a decision whether or not to allow the will. So to answer your question, until the will is allowed by the court there is no executor. After the will is allowed and an executor is appointed, it's too late to contest the will. Sometimes information becomes available after the will has been allowed such as a later will found. That is another category of court action.
The executor's official duty begins as soon as the will has been allowed and "Letters Testamentary" have been issued to the executor.
Someone must petition the probate court to have the will allowed and to appoint an executor. The executor will have the authority to settle the estate according to the terms of the will under the supervision of the court.
As long as the will was properly drafted and is allowed by the court the executor and the beneficiary can be the same person.
When the Will is allowed and the Executor is appointed by the court "Letters Testamentary" are issued to the Executor. Those Letters set forth the legal authority of the Executor and a copy should be presented at the bank to make the withdrawal and close the account.
The decision to allow the executor to modify an existing mortgage is up to the lender. The executor could refinance the property with a new mortgage if allowed by the court.
No one can prevent you from asking! The executor may decline to answer the question. And there is seldom a way to force them to answer it if the court agrees with them.
Generally, a court appointed executor can probate an estate once the will has been proved and allowed by the court and the court has officially appointed the executor.
You will be notified by the person who petitions the court to have the will allowed and to be appointed the executor.
Yes, once the executor has appointed by the probate court and the will has been allowed. The executor will then have the power and authority to settle the estate according to the provisions in the will AND the state probate laws under the supervision of the court.
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The original must be presented to the probate court to be examined and allowed along with a petition by the named executor to be appointed the executor. In order to commence the probate proceeding the original must be turned over to the executor. You should consult with an attorney who specializes in probate.