Can a will be changed by executor before death?

Answer 1

The testator can change their executor as often as they wish without any sort of notification. Once the estate has been opened and the court has appointed someone, they cannot be changed without notification. The Letters of Authorization have to be revoked and new ones issued.

Answer 2

Yes, the testator can change their will and name a new executor at any time while they are still living.

If after the testator dies the person named as executor chooses not to act as executor, they can file a declination when the will is presented to the probate court. If the named executor in the will is deceased the petitioner can note that in the petition to submit the will for probate. In either case, some other person can petition for appointment as executor.

Once the executor has been appointed by the court they can be removed and replaced by the court for several reasons. An executor can be removed for mishandling the estate, they can resign or they may die while in office. If the court must appoint a successor the beneficiaries and heirs-at-law will be notified.

Answer 3

Absolutely. An executor doesn't exist until the testator has died and the executor has submitted the will for probate and been appointed as executor by the probate court. A testator has the absolute right to make, destroy, revoke or change any will without seeking the permission of any other party.

As a rule, the testator should make certain to destroy any will that has been revoked to rule out the possibility of any new will being suppressed in favor of an old one. Also, the testator should make certain that some trusted person knows where the will can be found. Most probate courts allow the filing of the will prior to the death of the testator. That way the will is permanently protected and can always be accessed under the name of the testator.

Answer 4

Generally speaking, a testator can change his will at any time without anyone's knowledge. Only if the testator can be proven to have changed his will while no longer "of sound mind" or under undue pressure, a Court may decide to invalidate the changed will.

An executor is a person charged with just that - executing the provisions of the final and valid will as he finds it,no matter if he knew or approved of any last changes or not. Should the change be such that the appointed executor feels that he cannot be the person for the job he can refuse the appointment and another executor will be appointed.

Answer 5

The testator can change the will any time they wish. And the executors don't need to be informed.

Answer 6

The executor cannot change the will. Only the person who wrote it can legally change it.

Answer 7

The executor cannot change the will. They may not be able to follow the will based on the law, but have to justify that to the court.