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Yes. As long as they still have legal capacity, a testator can make changes to their will by executing a codicil which is a new document that is attached to a will. If the changes are substantial or made multiple times it is better to execute a new will and destroy the old one.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoAn 'executor' cannot name their own replacement. Only the testator can name the executor and only the court can appoint the executor. Executors, even if named in a last will, must be appointed by a court in order to gain legal authority to settle the estate. If the named executor cannot or chooses not to serve, they must notify the court by filing a declination then another person can petition to be appointed the executor.
Wiki User
∙ 12y agoYes, with the Probate Court's notification and permission.
However, if the will does not specifically name a co-executor or a secondary executor to act in the primary's stead, the court will make the decision as to who takes over the position.
Wiki User
∙ 13y agoYes, an executor can be replaced by the Court.
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Can wife be executor of will?
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
If an executor does not distribute the assets can those included in the will force the executor to do so?
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.
Will named you as executor but living trust for the house has no executor named Am I still the executor?
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
What to do if no executor for will in sc?
Apply to the court to be named. They will appoint someone to be the executor.
Does majority overrule an executor?
No, but they can petition the courts to have him [or her] replaced.
How do you get named as executor if your parent has already passed away?
You need to submit the will to probate court for allowance and ask to be appointed the executor. If there is a different executor named in the will they may need to sign a declination.
What can you do to have executor removed if she is not preforming the duties as the executor of your fathers will?
Petition the court to have them removed and replaced. In such cases the court is likely to appoint an attorney to serve as the executor.
Can the court appoint an executor named in the will?
That is what needs to happen. The executor would apply to the court with a copy of the will and request the appointment. The court will then issue a letter of authority for them to act on behalf of the estate.
How do you become the executor even though one is named?
The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.
Can a cousin be an executor?
Certainly. Anyone can be named an executor of an estate, whether related to the deceased or not.
do you have to have a lawyer to probate a will if the will dictates who is teh executor ?
If you already have a named executor, there is no need for a lawyer.
When a will is set up or changed does the executor have to sign the will?
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
