If the estate contains enough assets to settle all of the debts, they can. Also, the executor is, by law, entitled to be paid for their time. The rate is often set by law and the probate judge has to approve the distribution. If they have properly documented their time, it is reasonable to bill the estate and collect it.
That is the duty of the executor, to be accountable for all distributions from the estate. They have to answer to the court.
No. You need proof that you are the executor of the estate.
No, the insurance money goes to the beneficiary named in the policy. If the beneficiary is not named, or the estate is named, it will go into probate.
Yes, that is often the case when a spouse dies. It saves the estate money.
No. A personal creditor of yours has no right to attach the estate for which you are the executor. However, if you are also a beneficiary of that estate the creditor can go after your portion of the distribution.
First the will must be filed for probate and an executor must be appointed. After the payment of the debts of the estate the executor must make distribution of the remaining estate according to the provisions in the will and the state probate laws. The executor acts under the supervision of the court and must settle the estate with expediency.
Yes. Any person who has an interest in seeing the decedent's estate opened can force probate of the will or the grant of administration if there is no will. A person has an interest if he is owed money from the estate on a debt or because of a gift in the will or for any other matter that an executor/administrator might have to do. Sometimes this interest includes forcing probate in order to give or pay something to an estate as long as an executor is needed to accept the item or payment. There are different court procedures enabling an interested party to force probate, depending on the state involved.
If an executor is sending your husband a letter, it is likely that he is a beneficiary or that he is required at the signing of some type of paperwork. He might also owe money to an estate.
The length of time for probate vary by county and state to state. But, mostly it depends on the executor as to how efficient they are in doing their duties after the probate process is complete. Find out who the executor (or admnistrator) is and ask them how long it will be before they start distributing the estate. ( You can find out who the executor is by viewing the will at your local Probate Court.)
This question has two potential answers depending upon whether the executor is the one renting the property or the beneficiary designated to receive it under the will is renting the property. If you mean rented by the executor, it may be at any time as soon as the will is probated and an executor is appointed to act. (Or an administrator if there is no will.) Most states have a statute taken from the Uniform Probate Code that gives the executor possession and control over every asset of the estate during administration of the estate even to the exclusion of beneficiarires who are designated to receive the property. During administration only the executor may rent it out, but the executor retains the discretion to decide if renting it is beneficial to the estate. Thus, even though an executor has the power to rent it out, he or she does not have to do so and cannot be forced to do do by a beneficiary unless a court orders it. If you mean rented by the ultimate beneficiary, the beneficiary cannot rent it out until the executor formally transfers the property from the estate to the beneficiary even if the will explicitly gives the house to that beneficiary. Once it is transferred, it is no longer part of the estate and the executor has no legal right to possession or control, therefore no right to rent it out or refuse to rent it out. The transfer to the beneficiary might have to wait until final settlement of the estate just to make sure that it does not have to be sold to pay for debts or expenses. On the other hand, if an executor is reasonably certain that it is not needed for that, the executor may in his discretion transfer the property before finalizing the estate. I believe it is best to transfer the house as quickly as possible during administration as long as it is clear that there are sufficient liquid assets to pay for everything. That way the executor is no longer responsible for the safety of the asset and he or she has a happy beneficiary.
The executor can make a claim against the estate for expenses. The probate court will have to approve. The expenses have to be reasonable and normal.
You can obtain a certified copy from the court where the probate was filed.