The court will appoint one, often an attorney or bank.
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
Yes, an executor can also be named as a beneficiary in a will.
Apply to the court to be named. They will appoint someone to be the executor.
You need to submit the will to probate court for allowance and ask to be appointed the executor. If there is a different executor named in the will they may need to sign a declination.
That is what needs to happen. The executor would apply to the court with a copy of the will and request the appointment. The court will then issue a letter of authority for them to act on behalf of the estate.
Certainly. Anyone can be named an executor of an estate, whether related to the deceased or not.
If you already have a named executor, there is no need for a lawyer.
The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.
The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.The named executor can file a declination and you can petition the court to be appointed in their place.
The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses. An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.
Only the executor has the authority to liquidate assets of the estate.