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No. The executor is required to settle the estate with expediency. Any interested party can file a motion with the court asking it to compel the executor to file the necessary documents to close the estate.

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Q: Can the recognized sole owner refuse to file for judgment of possession just to continue as the executor to the deceased?
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If the Will contest is dropped placing the Executor as the sole Owner can they refuse to take possession and continue to act as Executor for the Deceased?

The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court. Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.


The Executor in a Will is deceased. Can a sibling of the deceased now be appointed?

The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.


What are the main responsibilities of an executor of a will?

The duties of an executor are to prove the will to bury the deceased collect in the estate to pay the debts in their proper order to pay the legacies and distribute the residue among the persons entitled the executor may bring actions against anyone who is indebted to the testator or are in possession of property belonging to the estate


Can a cousin be an executor?

Certainly. Anyone can be named an executor of an estate, whether related to the deceased or not.


Does being an executor or administrator give you right of possession to property of the deceased or just the duties to execute the will as per the deceased?

No, it does not give them any additional rights to the property. They must execute the will as written, or as directed by the court. Anything else would be a breach of duty.


How do you find out who the executor of your grandmas unclaimed money is when she did not have a will?

If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.


What can an Executor of an Estate do?

They follow the instructions of the deceased has laid out in their will.


How do you get a copy of deceased will in NY?

Contact a valid executor to the will.


Who protects a deceased person's property?

The executor of the estate.


How do you get appointed executor?

either by the deceased in the will or by the probate judge


Can executor sell car of deceased in Montana?

That is their responsibility.


Who is an executor in a will?

It is the person named by the deceased (prior to their death, of course) in their will to carry out the provisions of the deceased's will. The executor must be appointed by the probate court in order to have any legal authority.