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Do you need to go to probate if the will says i am the executor?
Wiki User
∙ 10y ago
An executor is not an executor until the will has been examined and allowed and they have been appointed by the court.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoThe named executor can resign his appointment. This illustrates the benefit of where possible, appointing more than one executor in the will.
Wiki User
∙ 10y agoThe will should be taken to probate. The court will issue the executor the letters of authority necessary to do your job.
Wiki User
∙ 11y agoYes, a will must be filed with the court. That ensures that taxes are paid and the will is properly executed.
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Do you have to go through courts to be executor of estate in Columbus GA?
You need a Letter of Authority from the probate court to act as the executor of an estate.
How do you challenge the executor of a will?
The will must go into probate. That is your opportunity to challenge the actions of the executor. A probate Judge will hear you on these issues and rule according to state law and in the fair interests of those involved.
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.
If a will was all made out does the executor need to take it to Probate court or can they just do as the will reads?
A will must always go through probate. That makes sure all of the legal requirements are met and taxes paid.
Do you have to go through probate in Oregon if there is a will that appoints an executor?
Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.
Can you get a power of attorney for a dead grandson?
No. The power of attorney comes while the person is alive. You need to go to probate court and become executor of his estate.
How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?
When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.
Can you probate a will personally?
No. A Will only goes into probate once the principal (the one who created the Will) has passed away. The Executor or the person in-charge of the principal's assets, would be the one to present the Will to court for probate. Even if there is no Will, the deceased person's assets will still need to undergo probate for the state to determine where and to whom his assets will go to.
Where do l get a estate letter?
You go to the probate court and apply. The court will issue the letter of authority to the executor.
What determines if a will goes to probate?
All wills go to probate. It's a matter of how long the process takes. When there is a will, the probate proceedings are called "testate proceedings." The heirs usually decide if it is necessary to submit the will for probate, especially if an executor has not been appointed. The court reviews the will, makes sure that it is valid, reviews and validates the death and appoints an executor if there is none.
Do you have to go through probate to get letters of administration?
Yes you certainly do. The probate court will issue the Letter when the estate is established. It is what banks and others will need to see in order to know that the executor has the legal right to do those things. Although as an executor, you would receive documentation called "Letters Testamentary" as opposed to "Letters of Administration", which is the name of the documentation a personal representative of a decedent's estate receives when there is no will.
My mother's will states that property go to her siblings does it have to go to probate?
Yes, in order for the property to be properly transferred, the executor has to execute the deed.
