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Is a Will valid if the only one Executor appointed in it dies?
Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.
How can one become appointed as the executor of an estate?
To become appointed as the executor of an estate, one must be named in the deceased person's will or be appointed by the court if there is no will. The individual must then file a petition with the probate court, provide necessary documentation, and fulfill any legal requirements to be officially appointed as the executor.
How do siblings file for parent assets after death with no will?
Petition the court to open the estate. They can ask that one of the children be appointed as the executor. The court will issue a letter of authorization to the executor to inventory and clear out the estate.
What can heirs of an estate do if the executors refuse to have items appraised as stated in the will?
Return to the court that appointed the executor and petition to have the executor removed and a new one appointed.
Can an executor be appointed after one's death by an heir?
The heir's cannot appoint an executor. They can recommend one to the court, but the court decides.
What if the executor of a will was put in jail for a felony conviction does the secondary executor listed in the will automatically become the executor?
No one automatically becomes an executor. The executor must be appointed by the court. The first executor will need to be removed by the court and a successor must be appointed. However, the court will do nothing until a petition is filed requesting the changes.
In Ohio does a personal representative named in the Will have any powers if the estate was relieved of administration no one was named executor and the case was closed?
No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.No. In order to have any authority an executor or personal representative must be appointed by a court.
Can you remove an executor without going to court?
Not once they have been appointed as executor. The court has issued a letter of authority to that executor. That will have to be cancelled and a new one issued to the new executor.
How do you become the executor even though one is named?
The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.
If a father dies and doesn't have a wife who is the executor of the estate?
The court must appoint the executor and will appoint the person named in the will by the testator unless that person declines, is deceased or is determined to be unfit by the court. In that case any one of the surviving children may petition for appointment and if there are no objections that person will be appointed executor.
How does one collect an inheritance?
You need to talk with the executor of the estate. The probate court should be able to assist you in locating who has been appointed as executor.
Can property be sold by one individual if he is not appointed as executor or administrator of property?
He has no right in the property. He has no legal ability to convey title. Only the executor has that right.
