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Legally they have no standing to do so. Only the executor has the court order allowing them to act on behalf of the estate. The spouse certainly may influence them, but the executor still has to account to the court.

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9y ago
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14y ago

Yes. The surviving spouse is often the named executor since they know more about the family and financial affairs than anyone else. However, the choice of an executor should be discussed ahead of time. Some people choose a trusted sibling, in-law, friend, adult child or attorney.

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10y ago

It is common for a spouse to serve as executor. It is typically done without pay in that case.

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9y ago

The role of executor is not inherited. It is a court appointed position. The spouse could apply to the court for the appointment.

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9y ago

Executor duties are not inherited. The court will have to appoint a new executor.

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8y ago

The spouse does not have to be the executor. They often are as they are the ones that are most likely to know the assets and claims against the estate.

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Q: Can an executor's spouse insert themselves in executing a will?
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