0
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.
Wiki User
∙ 13y ago
Wiki User
∙ 15y agoNo, they can't.
The named executor in a will has no authority until the will has been examined and approved by the probate court and they have been appointed by the court. If the named executor cannot or will not serve then someone else can petition the court for appointment. Only the court can appoint an executor.
The surviving spouse has no authority to make any changes in the will.
Wiki User
∙ 11y agoYes, they can petition to change the executor. Or change the will.
Add your answer:
Earn +20 pts
Can a executor change a will after parents death?
No, the executor is responsible for carrying out the decedent's wishes as spelled out in the will, but the will itself cannot be changed.
Can a will be changed if the executor dies My grandmother cut us grandchildren out when my dad died. are we still entitled to the estate?
The death of an executor does not affect the will. The will is followed by the executor who reports to the court. If the grandmother left the children out of the will, they will not be entitled to anything.
Can executor of will change beneficiary after death?
Can an executor of will change beneficiaries before or after death
Can an executor change will before death?
No, the only person who can change a will is the person who wrote it, or perhaps a court that is convinced there is some obvious mistake that needs to be "changed" to accurately reflect the testator's intent.
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.
Must executor of will be notified if he is removed as executor?
If the will is changed, there is no requirement. If the court has already appointed them, then yes, they must be notified that their letter of authorization is no longer valid.
How do you change the executor of an estate after the death of the family member My brother is executor and wants nothing to do with estate. How can I become the executor?
The executor can file a resignation with the court and you would petition for appointment as the successor.
How do you change executor of estate in Missouri?
Yes an executor can be changed. The court has to approve the change and re-issue the letters of authority.
Can you be an executor without knowing?
You can be appointed executor without knowing it. There is no requirement to share the contents of the will before death.
In California can you be the executor and power of attorney?
You can be asked to serve as both, but not at the same time. And executor cannot do anything before death and a power of attorney expires on death.
Can a daughter have her mother's will changed prior to her being named the executor knowing her mother is dying of brain cancer?
No one can change another person's will. The testator can make changes only if they have the legal capacity to make changes. No one can "have" another person's will changed because a legal professional knows that it cannot be done. If the daughter who is trying to change the will is the named executor the family should object to her appointment as the executor after the testator's death. Some other more trustworthy and responsible person should petition to be appointed as the executor.
Brother is the sole executor. He had the will changed after Mother had made a new one. Is this legal?
The executor has no authority to change a will. It is not their document and it is illegal to do so.
