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Do you have to go to the court to be appointed executor of someone's will?
Wiki User
∙ 11y ago
The Will must be approved and the executor must be appointed by the court or they have no legal authority.
The Will must be approved and the executor must be appointed by the court or they have no legal authority.
The Will must be approved and the executor must be appointed by the court or they have no legal authority.
The Will must be approved and the executor must be appointed by the court or they have no legal authority.
Wiki User
∙ 10y ago
Wiki User
∙ 7y agoThere does not have to be a will in order for the court to appoint an executor. Without a will, the executor will have to distribute the estate according to the jurisdiction's intestacy laws.
Wiki User
∙ 11y agoYou have to have a letter from the court. This can often be obtained though filing and a court appearance may not be required.
Wiki User
∙ 14y agoYes. For estate where there is no will the court will appoint an Administrator for the estate.
Wiki User
∙ 10y agoThe Will must be approved and the executor must be appointed by the court or they have no legal authority.
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Does an executor have to go to court for power?
Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.Yes. An executor has no legal authority until they have been appointed by the court.
What can we do if we don't trust executor to my grandmothers will?
If you don't trust the executor of your grandmother's will, you can raise your concerns with the probate court overseeing the will. They can investigate any misconduct or breaches of fiduciary duty by the executor and may remove them if necessary. It's crucial to gather evidence and seek legal advice to protect your grandmother's wishes and assets.
Do you need to go to probate if the will says i am the executor?
An executor is not an executor until the will has been examined and allowed and they have been appointed by the court.
Your mother recently died you are the executor of her will Do you have to file the will with the courts to go through probate?
The will must be filed for probate and you must be appointed executor by the court. An 'executor' has no authority until appointed by the court. Once the will has been examined and approved and you have been appointed, the court will issue Letters Testamentary. Those Letters give you the authority to act on behalf of the estate.
When a person dies without a will does the state always step in to appoint an executor?
The executor of an estate is always appointed by the courts, even if there is a will. If the family petitions the court with an agreed upon executor, the court will normally approve it. As long as there are valid heirs to the estate, they will usually go along with the family's wishes.
Can the executor of a will refuse the beneficiaries a breakdown of all details regarding the will?
Generally, no. An executor has no authority until the will has been submitted to probate court, proved and allowed, and the court has officially appointed the executor. Once a will has been filed for probate it becomes a public record and anyone can go to the court, request the file and review the will and any other filings. An executor should not be secretive about a will or their actions in settling the estate.
What is the legal recourse if the executor of a will does not fulfill their duties?
Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
Can an executor of an estate not notify beneficiaries of a will?
yes Answer: Not if the estate was filed in the probate court and she was the duly appointed executor. An executor can't operate in secret if the other interested parties are on their toes. That would be grounds for removal and besides that, everything an executor does is public information. At several stages in the administration of the estate the executor must provide proof of service to the court. That means that the executor has to prove to the court that she provided notice of her activities to the interested parties. Also, probate records are PUBLIC records and anyone can go to the probate court and inspect the papers in the file. If you can't go yourself, you could call the appropriate court and to request copies of any documents filed.
Can you contest who is executor of a will before it is probated?
Certainly you can contest it before and even during the probate period. The court is then likely to appoint a neutral party as the executor. They usually go with an attorney or a bank.AnswerGenerally, when a will is presented to the probate court to be proved and allowed the person making the petition is also petitioning to be appointed the executor. The court will order that notice be provided to all interested parties by mail and by publishing. If any wish to object to the allowance of the will or the appointment of the executor they must pay close attention to the date of the hearing stated in the notice. Objections must be made within a certain time period that varies from state to state. The court will hear the objection and render a decision. Once the period for objection has passed and the executor has been appointed it is too late to object to the appointment of the executor.
My sister was named executor and three of us are beneficiaries before the will was filed She changed the locks and would not let me on the property was this legal?
In order to obtain the authority of an executor your sister must file the will for probate. The court will review the will and if it is allowed then your sister will be appointed the executor if no one objects. She is not the executor until she has been appointed by the court. You will be notified. Until she has been appointed by the court she has no power whatsoever. However, perhaps she is preserving the estate until the estate is settled, preventing heirs from removing any property. If that is the case then she is acting responsibly. Remember that once they are appointed, the executor has the power and authority to take charge of all the assets and settle the estate under the supervision of the probate court and according to the provisions in the will. She should not be secretive during that process. Once the will is filed for probate the file becomes a public record and anyone can review it. You can go to the probate court, request the file and monitor the executor's progress in the settling of the estate by reading through all the documents contained in the file.
Who becomes executor of will when original executor dies?
Upon the death of the testator the Will must be presented to probate court for allowance and the court must appoint the executor. The court will generally appoint the executor named in the Will if one was named. If that person is deceased or declines to serve the court will appoint a successor. An interested party can request appointment.
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.
