They want to make sure there are no further claims against the estate. Yes it will delay the heirs receiving their distribution.
So that they can give another 30 days for any debtors or beneficiaries to come forward. Yes, waiting 30 days does delay distribution.
The Probate Division of the court.
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.
The heir has the right to complain to the court if the Administrator is not performing their duties promptly and according to the laws. The court can issue an order for the Administrator to act on a certain part of the probate process or can replace the Administrator if the actions are serious.
There is no legal duty to issue updates. However, it is so easy to keep in touch with email that it should be done as a courtesy. The heirs should request that the administrator send out an email periodically to apprise them of the status of the administration. If the Administrator isn't keen on that idea, anyone can visit the probate court and request the file. A quick review will tell you what has been filed and if the probate is moving along. If it appears the Administrator isn't settling the estate with expediency you can complain to the Administrator and if there is no response then you can petition the court to compel the Administrator to act or to appoint a replacement.
how to probate a will
The best thing is to consult a probate attorney in your jurisdiction. Depending on the laws, there may not be a requirement to probate.
If there is no will then there is no executor. Some qualified person would need to petition the probate court to be appointed the Administrator of the estate. An Administrator is appointed when there is no will.
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.
You should consult with an attorney who specializes in probate. The attorney can guide you to perform your duties as the administrator according to the provisions of your state laws.
Answer: You must file a Petition to be appointed Administrator of his estate at the Probate court where he lived. The court will provide further instructions.
There is no executor if there is no will. An executor is appointed by the court to carry out the provisions in a will once the will has been approved by the court. When there is no will an Administrator must be appointed. A qualified family member must petition the probate court to be appointed the Administrator of the estate. You should consult with an attorney who specializes in probate law or inquire directly at the probate court.