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No. Only the court can appoint a co-executor. Appointment of co-executors is routine if co-executors are named in the Will. The court generally appoints those who are named unless objections to the appointments are filed. If the executor finds they need help they could petition the court to appoint a co-executor or an agent, depending on the jurisdiction. The court would review the petition and render a decision. On the other hand, if the appointed executor cannot handle the task the court may appoint a successor.
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∙ 10y ago
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Removing a co-executor from a trust after the trustees death?
Look to the instrument that created the trust for instructions for appointment of the successor trustee. Co-executors are not appointed for a trust, they are appointed by a court. You would need to petition the court to remove a co-executor.
How does someone transfer their job as co-executor to another person?
An executor has no authority until they have been appointed by the probate court. The executor must file a resignation with the court that appointed them and the court will appoint a successor.
I'm executor of my parents will. A sibling was added later as co-executor. Their intention was for the co-executor to assist me but for me to have final approval. Is that true or are we now equal?
You are not the executor until you have been appointed by a court. Court appointed co-executors generally work together as a unit unless other intentions are clearly stated in the will. You need to seek clarification from the court.
Can the beneficiaries appoint a third executor when co-executors can't agree?
No. An executor must be appointed by a court. Even if named in a will an executor has no legal power or authority until they have been appointed by the court. The will must be submitted for probate and the court must appoint the executor.
How do you become a co-executor of your mother's will?
The following is general information only. You should consult with an attorney in your jurisdiction who specializes in probate law. The testator usually names the executor in the will. When the testator dies, the named executor files the will for probate and must also petition to be appointed as the executor at the same time. The executor has no power or legal authority until they have been appointed by the court. If your mother didn't name you as co-executor in her will then you will need to consult with the person who was named in the will. Perhaps they would consider allowing you to join in the petition for appointment as a co-executor.
What is the difference between co-executor and independent co executor?
What is the difference between an independent co-executor and a co-executor
How can an incapacitated independent co-executor of an estate be replaced?
The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.
When an executor is removed can both heirs be appointed to make all decisions?
Yes, both heirs could be appointed as co-executors. If the court feels it is in the best interests of the estate they will do so.
What is a co-executor?
A co-executor is someone who co-ops in the execution of legal documents such as wills.
Can a co-executor choose to drop out after a year and a half without the knowledge of the other co-executor?
No. The co-executor must file a resignation with the probate court in order to free themselves of any obligations and responsibilities in the estate and to notify the world they will no longer be serving as co-executor.
If there are co-executors mentioned in a will one by name the other only by address who is the executor and does the executor have the right to remove any property without the will being read?
First, no one is the executor of a will until the will has been submitted to the probate court for allowance and the executor(s) has been duly appointed by the probate court.Typographical errors and indefinite references made in the will will be resolved when the will is reviewed by the court. The will must be submitted with a petition asking the court to allow it and appoint the estate representative. The court will issue Letters Testamentary to the appointed executor(s).No one has any right to remove any property from the estate until the will is allowed and the executor(s) appointed by the court. Once appointed the executor is the only person with the right to manage the estate property. They must pay the debts of the decedent, pay the costs of probating the estate and distribute the remaining assets according to the provisions in the will and the state laws of intestacy.
If you are the executor and co-beneficiary do you have to get signed documents from the co beneficiary to act?
If you are the sole Executor you do not need signatures from any beneficiaries.
