Your aunt's estate must be probated in both states in order to pass title to you legally. The will must be filed in the state of primary residence and the executor appointed by the court. Then some sort of ancillary probate will need to be filed in the other state where she owned real estate. You should discuss it with an attorney who specializes in probate law and who can review your situation and explain your options in each state.
That is the option of the executrix. They don't have to get permission from every heir to manage the estate.
Certainly, as long as the court accepts the disposition of the property and the settlement of debts. Consult a probate attorney in the state in question.
The executrix is responsible to distribute the assets according to the will or the laws. The consent of the beneficiaries is not required.
Executrix
That would be one of the key duties of the executrix. They have to inventory, value and liquidate the estate.
There should be no changes required to the existing accounts. The monies should be moved into an estate account.
"Property lawyers deal with personal property, whereas real estate lawyers deal with real estate."
Absolutely! Many people have either 2 Executrixs (female) or perhaps an Exector (male) and Executrix. Executrix's aren't taken lightly and they are to follow the wishes of the deceased to the letter. This means paying off all bills and other debts, and then the Estate goes into Probate and they will be sure all person/property taxes are paid and all creditors are paid. Once this is done then what is left in the Estate will be disbursed to any Heirs that the deceased mentioned in the Will. The Executrix can also collect 1% - 3.5% out of the total assests of the Estate for carrying out this duty, but anything over 3.5% may go into court as it's on the high side. Usually family within family won't charge anything for being Executrix or if they feel they deserve it won't go over 2% of the total Estate. Marcy * The person will need to file a request with the probate court to obtain a copy of the will if the primary executor or executrix refuses to supply them a copy.
The fee is set by state law.
Yes. Your sister can file a "Declination" and the petition to have the will allowed can list you as the executor. The attorney handling the estate will know how to file the proper documents so that you can be appointed.
The executrix owes nothing to anyone. The estate is distributed according to the will or the law. In some cases the law may make exceptions to the will, particularly if the children are minors.
The executrix has a responsibility to keep proper records, and in England and Wales would be liable for the rest of her life for her conduct of the estate. The short answer to your question is: no.