0
The executor of a will holds the responsibility of offering the will for probate after the testator, or creator of the will, has died. Property must also be distributed, according to the instructions in the will, by the executor. Time must be spent dealing with creditors and debtors to the decedent’s estate. Depending on each individual situation and size of the estate, duties may include more tasks. Holding the title of executor is a serious responsibility and requires the designated executor to have a good ethic. Property of the deceased testator that is not left to the executor must never be used for personal gain.
Executors may be removed from a will before the death of a testator, but this must be performed by the testator. An amendment, or codocil, is formed and new revisions are made. After the death of the testator, the removal of an executor is more difficult. With proper court proceedings and valid reasoning, the executor may be removed by approved parties. Spouses, children, family members or those holding special relationships to the deceased testator may file petitions with the court to remove the testator. Removal is not always granted, but when reasonable grounds are proven, it is usually accomplished. Most wills list an alternate executor to be appointed, should the original executor die first or be unable to fulfill their duties - or be removed. If no alternate executor is named, such as in a hand-written will, the court will appoint a new executor.
Sometimes a person may not wish to be the executor of a will, but were appointed without their knowledge. With a busy life schedule, physical or mental handicaps, some people are unable or do not wish to take this responsibility. The courthouse in the county where the death occurred will have a form that allows an executor to perform self-removal. By filling out a removal petition in the presence of the clerk, who counts as a witness, the executor may remove his or her affiliation with the testator’s will. In such cases, the alternate executor will be appointed or the court will appoint one. When making a will, it is in the best interest of the testator to choose a person or persons who are aware they are being named. Choosing an executor who is trustworthy and capable will ensure that the will is carried out properly and assets distributed honestly.
What else can I help you with?
Can all inheritors of a will remove an executor they all testify is mentally unstable?
Any or all of them can petition the court to remove the executor.
Can an executor sell a house in pa without all the beneficaries approving if the will states the executor has the right to sell any and all property but doesn't mention the approval of all?
The executor is responsible for executing the will. The approval of the beneficiaries is not a requirement.
Who does the Executor answer to?
Ultimately the Executor is the person in charge however all decisions made will be answerable to the beneficiaries.
Must will be probated to become an executor?
In the United States an executor must be appointed by the court. In Canada an Executor can be assigned through the will by the deceased. The executor must prepare all the documents and perform all the due diligence prior to the estate being granted probate by the courts. The executor is the designated person who handles all the affairs of the deceased and is the liaison person between the beneficiaries and the lawyer.
What rights have as beneficiary in will when not the executor?
All the rights required. He or she does not need to be an executor to receive any bequest. It is the responsibility and legal duty of the executor to carry out the wishes of the deceased.
Is the executor of the estate liable for mortgage if foreclosure?
The executor is not personally liable for anything. The estate is liable for all of the debts. If the executor is going to inherit anything, there may not be anything for them to get.
Do you need an executor at all?
You don't, but the estate does.
Is the executor responsible for paying all taxes on an estate?
The estate is responsible for paying all taxes. The executor is responsible for making sure that the estate does so.
Do all parties have to agree to use an attorney to probate a will?
The executor makes the decisions. There is no other requirement.
In new york state how could you become executor of your grandmother's estate in the event of the death of the first executor?
Petition the court to be appointed executor. It typically requires the agreement of all the beneficiaries.
Is surviving spouse responsible for medical bills in NJ?
Only if she is the executor of the estate. The executor is responsible for all estate debts.
Does an executor have the final say in all that happen?
They are pretty much in charge of the estate. Only the court can over ride the executor.
