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What if the named executor of the will does not have record of the deceased?
Wiki User
∙ 16y ago
Answer: You need proof of death to file a petition for probate.
Wiki User
∙ 16y ago
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The Executor in a Will is deceased. Can a sibling of the deceased now be appointed?
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
Can a cousin be an executor?
Certainly. Anyone can be named an executor of an estate, whether related to the deceased or not.
Who is an executor in a will?
It is the person named by the deceased (prior to their death, of course) in their will to carry out the provisions of the deceased's will. The executor must be appointed by the probate court in order to have any legal authority.
Can you check if you are named in a will?
You can always ask the testator if you are in the will. If they are deceased you can ask the executor. They would have to tell you if you are.
Who performs the execution of a deceased persons will?
The executor is the person that performs the last will and testament of a recently deceased person. The executor is usually named in the will. It can be a family member, a legal representative, or anyone that the person chooses.
Grant of probate?
A grant of probate is a legal document issued by a court that confirms the validity of a deceased person's will and gives authority to the named executor to administer the estate according to the terms of the will. It allows the executor to collect and distribute the assets of the deceased individual in accordance with the law.
How do you find out who the executor of your grandmas unclaimed money is when she did not have a will?
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.
How do you sell a car from a deceased relative?
An action like that must be handled by the estate. If the deceased has left a will and named an executor, the executor must handle the disposal of any property. If no will was left, the courts will determine what happens to the property.
Can the executor of a will be changed after death?
Yes. An executor has no legal authority until the will has been filed with the probate court and the executor has been appointed by that court. If the person named as executor in the will is deceased or chooses not to act as executor, they can file a declination or the petitioner can note in the petition the named executor is deceased. In either case, some other person can petition for appointment as executor.
Is it legal to read a will when the deceased isn't actually deceased?
Only if you are the estate lawyer or have been named executor of the estate. No one else should be allowed to have a copy.
What does the executor of a will do if someone mentioned in will is deceased?
They will look to the wording of the will. It should specify whether that share goes into the general estate or to the deceased named person's estate or heirs.
Will the probate court in IL give you access to your deceased parents financial info?
In the state of Illinois, if a person whose parents are deceased has been named executor of their estate, yes, all of their financial information will be given to the living executor upon request.
