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How do you appoint yourself as executor for a deceased person without a will?
Wiki User
∙ 12y ago
You would have to file for probate in the court where it will be assigned to a judge. Then you could recommend an executor, a creditor could, or any interested party. The judge would make the decision at a hearing.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoAn executor is appointed by the court to carry out the provisions in a decedent's will. If there was no will, the decedent died intestate and therefore you cannot be an executor.
In the case of an intestate estate, each jurisdiction has a statutory scheme as to who is qualified to be the administrator of an intestate estate. The spouse is favored, then any heir-at-law. A creditor can usually petition to be appointed the administrator if no one in the family opens an estate.
You need to check with the local court for instructions on filing a petition to be appointed the administrator. However, if you choose to settle the estate without the benefit of legal counsel you should be aware that the responsibilities of an administrator are set forth in the state probate laws. You will be held personally liable if you violate those laws in settling the estate.
You can check your state laws of intestacy at the related question link.
Wiki User
∙ 9y agoYou petition the probate court. If there are no objections from the heirs, the court will grant the letter of authority.
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Can an executor relenquish their rights and can another of the deceased children become executor?
Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.
If the Will contest is dropped placing the Executor as the sole Owner can they refuse to take possession and continue to act as Executor for the Deceased?
The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court. Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.
How do you find out who the executor of your grandmas unclaimed money is when she did not have a will?
If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.
Can you cash a check made out to your deceased mother?
Not without a Letter of Authority appointing you as the executor of the estate or committing fraud.
Can your sister who is listed as an executor along with you also as an executor try to have you removed as an executor on your mothers will?
Yes, she can petition the court to be the sole executor. If there is conflict, the court may very well appoint a third party, a bank or attorney, without a vested interest in the estate. This typically costs the estate money in the form of compensation to the executor.
Is a will valid without an executor of the estate being appointed?
There is no requirement that an executor be named in the will for the will to be valid. The court will appoint one.
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.
How do you cancel a bill without power of attorney for a relative who is deceased?
Inform the company of the death of the person. And you should direct them to the executor 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 heirs remove executor without notice?
They have the right to ask the court to do so. If they believe the current executor is not fulfilling their duties, they can request their removal. The court will evaluate the situation and may appoint a new executor.
Can a creditor take money from deceased bank account without written permission from executor?
It is possible for it to happen. They would have to have a court order to do so.
Can your mother who has no will and five children choose to have her second oldest child as her executor to distribute her estate?
Without a will, she gets no say in the matter. She should write a will to specify who she wishes to be responsible for the distribution. If she doesn't have a will, the court will appoint an executor. If the heirs don't agree on who that should be, they will appoint a bank or lawyer to serve in the position, getting paid from the estate for their services.
