First remember that an executor has no power or authority until they have been appointed by the probate court. Once appointed they must file an inventory of the decedent's assets with the court. Eventually they must also file an account to notify the court of the disposition of all the assets reported in the inventory. The final account will show the costs of the administration of the estate, payment of all the debts and payment of all legacies.
Once a will has been filed for probate it becomes a public record. The heirs can visit the court at any time and request to see the case file and thereby monitor the activity of the executor. Everything the executor has filed will be in that case file and you can request copies of any document. The executor cannot keep secrets from the beneficiaries. A secretive executor sends up a red flag and they should be monitored closely. They can be reported to the court for mishandling the estate and they can be removed and replaced.
The beneficiaries have the right to know if the estate was handled properly, that all the filings in the probate file are accurate and no property is wasted or unaccounted for.
There is no good reason for the executor not to supply such information. Professional executors would provide such material as a matter of course. Once a will has been filed for probate it becomes a public record. You can visit the court in the jurisdiction where the decedent died and check to see if the will has been filed for probate. By doing that yourself, you can find answers for both of your questions. If a will has been filed you can request the file and review its contents.
Generally no. Generally the executor must file a final account. If the estate takes longer to settle then an account is generally filed each year. You would need to check the laws of your state.
Yes. The executor must account for all the property that came into their possession and where it all went.
It is not a legal requirement. However, that information is readily available from the court where the probate was filed. You can obtain copies by mail or in person.
The executor has no power over the beneficiaries. The executor is responsible to the probate court for the administration of the estate. They must make a full accounting to the court.
It is possible. You need to contact an attorney to file a motion with the court.
No, the beneficiaries receive the estate. An executor could be a beneficiary
The executor should operate in the estate's best interests.
Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.Yes. As long as the estate is open the executor has a right to the executor's fee. However, they cannot dally. The estate must be handled with expediency or the beneficiaries should complain the the court.
You can report the behavior of the executor to the court and request they be replaced. The executor should be available to the beneficiaries and should provide answers to any questions about the execution of the estate. If they will not distribute the proceeds they should provide an explanation. Perhaps it is too soon. If so, they should explain the timetable for distribution. You should call the attorney who is handling the estate for an explanation.
You have to file with the court that appointed you. And provide a full accounting of the estate to that point.
There is no formal reading of the will. The executor must inventory and value all assets of the estate. They have to provide an accounting to the court.
Consult a probate attorney in your area. You can ask the court to appoint a new executor. They will have to provide a complete accounting to the court.
There are no residency requirements for being executor. The beneficiaries do have to be citizens of the US.
Certainly. The records have to be filed with the court and they are a matter of public record. The heirs may wish to hire their own attorney if they don't feel the executor is doing a proper job. They can petition the court to have the executor removed as well.
The executor is breaching their duties. They have no control over the estate prior to the testator's death.