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The executor has breached their duty. They have a requirement to take care of the estate and resolve all its assets and debts.

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Q: What happens to an estate claim known about by the executor but not filed during probate.?
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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 happens if someone files for adverse possession during probate?

The executor has to defend the estate. They will have to hire an attorney to settle the case.


How does an executor of an estate buy a car from the estate before probate?

They can certainly do so during the probate process. But a fair market price must be paid for it.


What happens if a executor of an estate is mismanaging it in new york state?

Report your suspicions to the Probate Court in which the will is being probated.


How can you be the executor if there is no will?

Apply to the probate court. They will appoint an executor and the estate will be distributed according to law.


Does an executor get paid for their time?

Yes. Generally, the fees paid to the executor for handling the estate are set forth in the probate code in each jurisdiction.Yes. Generally, the fees paid to the executor for handling the estate are set forth in the probate code in each jurisdiction.Yes. Generally, the fees paid to the executor for handling the estate are set forth in the probate code in each jurisdiction.Yes. Generally, the fees paid to the executor for handling the estate are set forth in the probate code in each jurisdiction.


what happens when someone dies and his estate never goes through probate and then the executor of his estate dies ?

You should seek official legal advice, but the online consensus seems to be that the 2nd person in line to be executor becomes in charge of the estate.


Can an unpaid executor get paid for gasoline expenses?

As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.


What can you do if you think that the probate of an estate has taken to long to settle?

File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.


Do you have to go through courts to be executor of estate in Columbus GA?

You need a Letter of Authority from the probate court to act as the executor of an estate.


How do you become executor of an estate without a will?

You would not be an executor. You would be an administrator. You file an application with the probate court in your jurisdiction to be appointed the administrator of the estate.


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.