Yes. A court can decide not to appoint the named executor if any interested party provides a compelling objection to the appointment. Also, the court can remove an executor and appoint a successor if it finds the executor is mishandling the estate, submits a resignation or dies while in office.
Yes. Generally, the fees paid to the executor for handling the estate are set forth in the probate code in each jurisdiction.Yes. Generally, the fees paid to the executor for handling the estate are set forth in the probate code in each jurisdiction.Yes. Generally, the fees paid to the executor for handling the estate are set forth in the probate code in each jurisdiction.Yes. Generally, the fees paid to the executor for handling the estate are set forth in the probate code in each jurisdiction.
There is no executor of probate. The executor of the estate executes the will and probates the estate.
No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.
Executor's fees are generally set by statute however, the practice may vary from state to state. You need to inquire at your local court, check your state probate code or consult with an attorney who specializes in probate law.
The court will appoint a new executor. Consult a probate attorney and they will help you get it resolved.
No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
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.
Yes. The amount an executor can charge for their services is set forth in the state probate code.
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.
No. An 'executor' has absolutely no power or authority until they have been appointed by the probate court.
The executor is responsible to the court. Anyone with an interest in the case can present his concerns to the probate judge. The executor does not owe anyone anything. No one can tell the executor to do anything. If the probate judge instructs the executor to give you a copy of the report, you will get a copy of the report. If you do not present your concerns to the probate court, you are Sadly Out of Luck.