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Can you stipulate in California that the state be the executor of your estate?
Wiki User
∙ 11y ago
The state won't do it, but the court will appoint a neutral party do be the executor.
Wiki User
∙ 11y ago
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Does an executor have full control of how the estate is divided if there is no will?
The executor has no control over how the estate is divided. Each state has laws on how the property is divided when there is no will.
Can a executor of an estate sell property without the permission of the heirs?
First, the executor must be appointed by the court. The executor must dispose of the estate assets according to the provisions in the Will. It is common for the power to sell real estate to be granted in the Will. If not, then generally, the executor must obtain a license from the court. In some states the executor has inherent power to sell real estate. Generally, the executor does not need permission from the beneficiaries to act. They derive their authority by their court appointment and under state laws that vary from state to state.
Can the executor of a will receive the sale oroceeds from a residuary estate before the distribution of the estate's assets?
Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.
What is the executor of a will?
The executor of the will is the person appointed by the court to distribute the estate according to the terms of the will and the state probate laws.
What is legal age to be an executor of an estate in New York State?
In New York State, the legal age to be an executor of an estate is 18 years old. Any adult over the age of 18 can serve as an executor to manage and distribute the assets of an estate according to the deceased's wishes.
What if there isn't an executor assigned or a will left?
The court will appoint an executor. Each state has specific laws regarding an estate with no will.
Do you have to be a resident of the state of NC to be executor of an estate of a parent?
There are no residency requirements for being executor. The beneficiaries do have to be citizens of the US.
Can an executor take cars out of state?
If the executor is in process of selling the car for the estate, I believe it would be proper for them to do that. The executor does not own it but it is their position to disperse the assets.
Does the appointed Executor need to be a resident of state where Will is probated?
It is not a requirement in most cases. The state may require a bond for the executor.
Can relative be an executor of your estate?
It depends on the laws of the particular state where the will is being executed concerning the executor.
Can you be made executor to fathers will after he is dead?
You can apply to be appointed executor of your father's estate. The court will issue a letter of authority. You will be required to distribute the estate according to the intestacy laws of the state.
What should you do if the named executor who is also the main beneficiary is not acting in the best interest of the other heirs?
Either renounce or administer the estate or pay a professional to deal with the matter and the fees would be met from the estate. It is up to the executor to decide. If the exector decides to administer the estate, he or she can be paid a fee (amount varies by state and county). The executor is not a beneficiary and the beneficiary is not the executor. The beneficiaries really have no say as to what the executor should do (i.e., adminster estate, hire attorney to represent estate, or renounce). The executor has a sworn duty to administer the estate in accordance with the deceased's will and the laws of the state and county of probate.
