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Who become a new executor if the original executor of a will dies and the will was already in probate?
Wiki User
∙ 11y ago
If the will names an alternate executor in the event the first named executor dies or refuses to serve, then that person should become the new executor. If the will does not name an alternate executor, or if the alternat has died or refuses to serve, then generally one of the residuary legatees named in the will should be appointed. In some states this person is not known as an executor but rather an administrator c.t.a. This is an abbreviation for the Latin "cum testamento annexo", meaning, "with the will amended."
Keep in mind that probate laws differ from state to state. This is a general answer and might not apply in every state.
Wiki User
∙ 11y ago
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How does a family member apply to become executor of estate if executor is deceased?
You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.
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.
How do you become a executor of the estate in Colorado?
To become an executor of an estate in Colorado, you need to be named as such in the deceased person's will. If you're not named, you can still apply to the probate court to be appointed as an executor. This involves filing a petition with the court and providing necessary documentation, such as the death certificate and the will. It's advisable to consult with an attorney familiar with Colorado probate laws to guide you through the process.
What is the process if the unmarried father dies and he has a will with an executor?
The will is admitted to probate and the executor follows its instructions. If the child is not listed in the will, they can apply to the probate court for a legal change. Most will make sure that the child is taken care of and does not become a ward of the state.
Can the executor of a will tell anyone the amount owed to the heir?
They can if they wish to. They will have to report it to the probate court, where it will become part of the public record.
How can you become co-executor of your mother succession estate without a will?
You apply to the probate court. The forms are available there and may be online.
Should the will be read in a church by a deacon of the executor choice?
A will may be read in church or not. That is up to the executor and the church officials. The will does not become official in the United States until it is read in probate court.
Can an heir refuse to probate a will with oil and gas mineral interest at stake?
An heir has no right to refuse. Debtors can apply to the probate court for someone to become executor and protect their rights and debts.
How do you petition a court to become the executor of estate?
You fill out an application at the probate court. If there are no objections, the court will grant letters of authority.
What if your father is the sole executor of a will his father left and you would like to know if he dies can your mother become the sole executor?
Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].
How do you become a co-executor of your mother's will?
The following is general information only. You should consult with an attorney in your jurisdiction who specializes in probate law. The testator usually names the executor in the will. When the testator dies, the named executor files the will for probate and must also petition to be appointed as the executor at the same time. The executor has no power or legal authority until they have been appointed by the court. If your mother didn't name you as co-executor in her will then you will need to consult with the person who was named in the will. Perhaps they would consider allowing you to join in the petition for appointment as a co-executor.
How does executor become administrator?
An Executor and an Administrator are two very different types of estate representatives.An Executor is appointed by the probate court to settle the estate of a person who died testate or with a will. An Administrator is appointed by the probate court to settle the estate of a decedent who died without a will or intestate.Someone who has been named as an Executor in a will must file the will with the probate court with a petition that the will be allowed and the Executor be appointed. The court will review the will to make certain it is technically valid under state laws and if there are no objections it will appoint the Executor. The Executor will be given the authority to settle the estate under the supervision of the probate court.In the case of no will, some qualified person must petition the probate court to be appointed the Administrator. If there are no objections the court will appoint the Administrator and that person will have the authority to settle the estate under the supervision of the probate court.In some cases and in some jurisdictions should the executor die or leave some tasks unfinished the court will appoint a successor to complete the settling of the estate. That person is called an Administrator with the will annexed or an Administrator de bonis non.
