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The family can petition the court to appoint someone. While it could be a family member, the court may appoint a bank or attorney to serve.
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∙ 9y ago
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Who becomes the executor of an estate if no one accepts being executor and no relatives?
The court will appoint an executor either an attorney or a bank. The cost will come out of the estate.
How many executors do you need?
The more executor, the more complex the whole thing becomes. It is best to appoint a single executor.
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.
Who can act if an Executor becomes incapacitated?
If there are no reserve executors one or more of the residuary beneficiaries can act (if they are adult).In the United StatesGenerally, The executor must file a resignation and the court must appoint a successor. An executor gets their legal authority via the issuance of Letters Testamentary in the name of the executor.
Can there be only one co-executor?
No, in fact, you can have as many co-executors as needed. However, as you can imagine, the more co-executors you have, the more complicated administering the estate becomes. I always suggest that only one executor is named, followed by an alternate executor if the original executor cannot act, or has pre-deceased the testator.
Can siblings see a will if only one is executor?
The executor should give the other heirs a copy of the Will upon request. The executor has no actual authority until they have been appointed by the court. Once the Will has been submitted to the probate court it becomes a public record and anyone can obtain a copy from the court.
When a testator dies and the named executor does not want the duty how does he find a new executor?
The appointment of a named executor or replacement of an executor for any reason is under the jurisdiction of the probate court. The named executor can file a Declination if they don't want to accept the appointment and the court will appoint an alternate. The person who wishes to relinquish the office after appointment as the executor must file a motion with the court to be relieved of that duty and the court will appoint a successor. If the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor.
Can the executor of a will refuse the beneficiaries a breakdown of all details regarding the will?
Generally, no. An executor has no authority until the will has been submitted to probate court, proved and allowed, and the court has officially appointed the executor. Once a will has been filed for probate it becomes a public record and anyone can go to the court, request the file and review the will and any other filings. An executor should not be secretive about a will or their actions in settling the estate.
Can an executor who is also a beneficiary contest a will he is executing?
Generally, a will contest is filed when notice has been given that someone has petitioned the court to have the will allowed and appoint an executor. An executor is not appointed until the will is allowed. If there is some dispute as to the validity of the will an executor will not be appointed until the court makes a decision whether or not to allow the will. So to answer your question, until the will is allowed by the court there is no executor. After the will is allowed and an executor is appointed, it's too late to contest the will. Sometimes information becomes available after the will has been allowed such as a later will found. That is another category of court action.
A person is appointed as an executor of dec estate.If that person then becomes incompetent to manage his affairs and an administrator is appointed by vcat can that person take over his fiduciary role?
The duty cannot be transferred in that manner. The court has to appoint a new executor.
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.
If a person becomes mentally incompetent and has activated power over medical and power of attoney can the executor of the estate also be activated?
The person is still living. The executor can only become authorized by a court order once the person is dead.
