Most state probate codes have a section that addresses the filing of a will after the death of the testator. For example, in some states the named executor who is in possession of the original will must file it for probate within 30 days. Someone who is not the executor and has possession of the will is required to hand it over to the court within a certain time period also. The rules vary from state to state. You can check the rules in your state by performing a search using 'your state + probate code'. An example from the Probate Code of Washington state is provided below:
Washington State:
The optimal time to file a will in probate is as soon as possible after the person dies. The rapid filing of the will protects the estate. The maximum amount of time varies by state.
There is no time limit but it should be as soon as possible. If Inheritance tax is due, in the UK, interest will start to accrue six months from the date of death.
You can open the estate the next day if you wish. You need a copy of the will and the death certificate.
it depends on which state you are in
No one has a 'right' to a person's will prior to their death. However, the testator should let the named executor know where the will can be found so that it can be retrieved by the executor and filed in probate after the testator's death.
You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.You should seek help at the court where the Will was filed. The executor may have posted a bond. You should act immediately.
Can an executor of will change beneficiaries before or after death
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
It should be done as soon as possible.
A will must be filed with the probate court in order for the executor to be officially appointed by the court. When the will is filed for probate it is examined by the court for validity as to technical requirements. If it meets the technical requirements of state law the executor will be appointed. Until the will has been allowed and the executor appointed by the court, the executor named in the will has NO official power or authority. Once the will is filed it remains in the probate case file and becomes a public record.
No one, unless some malpractice is discovered on the part of the executor after the estate is closed and sues the executor. Once the estate is distributed and a final account is filed and approved the executor is discharged and the estate is closed. After that, the executor has no authority.
That time period is generally governed by state laws. In most cases the executor should submit the will for probate within 30 days and thus commence the probate process. The executor has an obligation to settle the estate as soon as possible and with expediency. It is a violation of their duties as executor to drag it out unnecessarily.
If your father is still living and chooses not to show it to you, no, you can't. After his death, when the will is probated, yes, you may see and read the probated will. After death and before probate, it is in the discretion of the executor whether you are shown it or not. Generally the executor will do this if you are a beneficiary in the will. If the will has not been probated and the executor will not disclose its contents, you can get a court order for him to produce it and present it for probate.
If your grandfather left a will and the will has been filed in probate you can request the file and review any documents that have been or will be filed by the executor. The executor, and the trustee if a testamentary trust was created, will be required to file an inventory of all the real and personal property owned by your grandfather at the time of his death. Once a will has been filed in probate the estate becomes a public record.
A POA expires upon the death of the principal. If the lawyer is questioning acts by the attorney-in-fact under a POA in effect prior to the death of the principal they may certainly do so.
The executor's official duty begins as soon as the will has been allowed and "Letters Testamentary" have been issued to the executor.