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Can an executor petition the court for a co-executor to assist them?
Wiki User
∙ 14y ago
You can petition the court for appointment of a co-executor. It depends on the practice in your particular court. The court may question why you accepted the appointment if you can't perform your duties and may want to appoint a replacement. On the other hand, it may allow your petition. You should consult with the attorney who is handling the estate.
Wiki User
∙ 14y ago
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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 the executor of a will be changed after death?
Yes. An executor has no legal authority until the will has been filed with the probate court and the executor has been appointed by that court. If the person named as executor in the will is deceased or chooses not to act as executor, they can file a declination or the petitioner can note in the petition the named executor is deceased. In either case, some other person can petition for appointment as executor.
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.
What is the legal recourse if the executor of a will does not fulfill their duties in wa state?
Petition the court to replace the executor.
Will with beneficaries but no 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.
Will a POA become the executor if none is named in a will?
They could petition to be appointed executor. The court will determine who should be appointed.
When you have 2 executor's and 1 of them put you as a secondary executor what happens?
Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.
What is the legal recourse if the executor of a will does not fulfill their duties?
Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
How do you get Executor Power?
Generally, in order to be appointed the Executor of an estate you must present the Will to the Probate Court for allowance and at the same time petition to be appointed the Executor.
Can all inheritors of a will remove an executor they all testify is mentally unstable?
Any or all of them can petition the court to remove the executor.
Can you being the second executor fired the first executor for not doing what he supposed to?
Only the court can remove them. You can petition the court to have it resolved. They may appoint a third party.
What is the name of the court petition to remove an executor of a will?
To remove an executor from an estate a petition must be filed. Then there has to be reasoning provided either ineligibility or misconduct. All this must be provided to file in order for a representative of court to review and make a decision.
