0
Not all wills name an executor. If an executor is named in the will they must submit the will to probate for allowance and petition for appointment as the executor. In that case they will be both the executor under the will and the executor of the estate once appointed.
In some cases, the named executor has died. In that case the court must appoint another person to act as executor. In some cases the executor named in the will declines the appointment. In that case the court will appoint an alternate. Either of these executors can be referred to as executors under the will and they are both executors of the estate. It may simply be a matter of style.
Some may acknowledge a distinction that a person who is executor under the will has not been officially appointed by the court and the executor of the estate has been appointed by the court and Letters Testamentary have been issued making the appointment official.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
Can one be an executor of probate but not the estate?
There is no executor of probate. The executor of the estate executes the will and probates the estate.
What is the executor of estate for the Titanic?
What is the executor of the estate for the titanic?
Does the executor work for the beneficiary?
No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.
What is an executors deed?
An executor's deed is a deed executed by the executor of an estate when the executor conveys the real estate owned by the decedent. The executor must have the authority to convey. Laws vary but generally, if the authority is not granted in the will then the executor must petition the court for a license to sell real estate. Unless the executor has authority under the law, in the will or by a license their deed would be null and void.
Who does the executor account to after probate?
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.
What is the estate executor fee in Arkansas?
what if the estate executor fee in arkansas
Who can be the executor of the estate?
Anyone that is of legal age can be an executor.
What happens to the assets due to an executor if the executor of a will dies?
They become part of his estate. The executor of his estate would file the claim against the first estate.
Will with beneficaries but no executor?
Someone must petition the probate court to have the will allowed and to appoint an executor. The executor will have the authority to settle the estate according to the terms of the will under the supervision of the court.
Does the executor receive the estate in the UK?
No, the beneficiaries receive the estate. An executor could be a beneficiary
Can an executor be held personally liable for the estate tax?
can the executor be liable for estate tax
What is the fee an executor of an estate receives in Colorado?
how do you figure estate executor fee in colorado
