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.
An 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.
You petition the probate court. If there are no objections from the heirs, the court will grant the letter of authority.
Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.
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.
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.
Not without a Letter of Authority appointing you as the executor of the estate or committing fraud.
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.
There is no requirement that an executor be named in the will for the will to be valid. The court will appoint one.
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.
Inform the company of the death of the person. And you should direct them to the executor of the estate.
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.
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.
It is possible for it to happen. They would have to have a court order to do so.
The succession would be the biological father. If he is deceased, then the oldest biological sibling. The siblings can agree to appoint 1 sibling who is not the eldest, but the agreement should be in writing. You should likely consult an attorney to be sure what to do. The life insurance company would likely need something from a Court for Intestate deaths.