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The funeral expense is one of the the first expense that must be paid in the statutory scheme of debt paying that executors must follow. If the executor hasn't paid that debt they risk personal liability. They should be reported to the court that appointed them. An incorrect name on the death certificate should be reported to the authority that issued the death certificate.

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16y ago

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What happens if the executor of an estate refuses their position and makes the next of kin executor?

Happens all the time. No big deal. The executor, whomever it is, fulfills the duties are required by law. And if no one 'wants' to be the executor, the court will appoint someone to do it, usually an attorney or a bank.


What happens in Missouri when the executor of a will is incarcerated?

The court will not usually appoint someone to be an executor if they are incarcerated. The court can appoint anyone as the executor and will often appoint a bank or lawyer to take care of the estate.


What happens in Texas when the executor of the will was incarcerated for a felony?

In Texas, if the executor of a will is incarcerated for a felony, they may be disqualified from serving as executor. It will be up to the court to determine if a new executor should be appointed to handle the estate administration.


What happens if someone files for adverse possession during probate?

The executor has to defend the estate. They will have to hire an attorney to settle the case.


What to do if no executor for will in sc?

Apply to the court to be named. They will appoint someone to be the executor.


Can an executor encourage someone to change will?

The executor has the same rights as any other person. They can ask someone to change their will.


What if executor is physically ill and not able to handle the burden of executor?

They can decline the responsibility. The court will assign someone else to be 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.


What happens when an executrix of an estate dies before the estate is settled?

Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.


Can you appoint an executor from another estate in your will?

Yes. You can appoint the same person as your executor in your will even if that person has been appointed by someone else as their executor in their will.


What is a co-executor?

A co-executor is someone who co-ops in the execution of legal documents such as wills.


How can someone become appointed as an executor?

To become appointed as an executor, a person must be named in a will as the executor by the deceased individual. The court will then validate the will and officially appoint the executor to carry out the instructions outlined in the will.