An executor is required to give notice to the beneficiaries and also to the people who would have been heirs if there had been no will. State laws specify the time within which the notice has to be given. In NJ it is 60 days after probate.
Generally, once a will has been filed for probate it becomes a public record and a copy may be obtained at the court where the will was filed. The executor should make copies of the will available to the beneficiaries. If they don't anyone can obtain a copy from the court.
The executor is REQUIRED to provide an accounting to the court that shows how the estate was distributed. The beneficiaries can obtain a copy of the account from the court. Once a probate has been filed with the court the information in the file becomes a public record and anyone can review the file. Executors do not get to act in secret. Every step they take in the settling of the estate is taken under the supervision of the court and the beneficiaries have the right to monitor the proceedings.
If the persons whose will it is is still alive then the answer is no, the executor has no automatic right to see the will. Of course if the person has passed away then the executor must most definitely see the will.
No. But they MUST (and will be required to) notify them after the will is filed.
An executor of a will only has to show inheritor's property records if the said property is going to be sold or rented out . In these cases, proof of ownership would have to be shown.
If the testator died owning property the Will must be filed in probate court so the estate can be settled and distributed.
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
Yes, in many cases the executor is a family member and heir.
Executor fees are set by law. The family does not have to sign off on them.
The executor can file a resignation with the court and you would petition for appointment as the successor.
It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.
Yes, it is very common that a member of the family be named as executor.
If at the time of death of the testator the named executor is deceased the court will appoint a successor. Another family member can petition to be appointed the executor or the family can nominate a successor who must be appointed by the court.
The probate court will appoint an executor. It is often a family member or a neutral party.
Executor
The executor has the right to sell the property. The amount must be a fair market value.
The executor cannot refuse to pay properly documented debts. They do not have to pay them personally, the money comes from the estate. If there isn't any money, they show the court the assets and distribution and the estate is closed.
There is a distinction between money the executor receives as compensation for administering the estate and money the executor receives as an inheritance. The fees are taxable income, the inheritance is not.