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An executor is not an executor until the will has been examined and allowed and they have been appointed by the court.

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16y ago

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Do you have to go through courts to be executor of estate in Columbus GA?

You need a Letter of Authority from the probate court to act as the executor of an estate.


How do you challenge the executor of a will?

The will must go into probate. That is your opportunity to challenge the actions of the executor. A probate Judge will hear you on these issues and rule according to state law and in the fair interests of those involved.


If a will was all made out does the executor need to take it to Probate court or can they just do as the will reads?

A will must always go through probate. That makes sure all of the legal requirements are met and taxes paid.


Do you have to go through probate in Oregon if there is a will that appoints an executor?

Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.


How do you get appointed as the executor of an estate?

To get appointed as the executor of an estate, you typically need to be named in the deceased person's will or be appointed by the court if there is no will. You may need to file a petition with the probate court and go through a legal process to be officially appointed as the executor. It is important to follow the specific laws and procedures in your state when seeking appointment as an executor.


Can you get a power of attorney for a dead grandson?

No. The power of attorney comes while the person is alive. You need to go to probate court and become executor of his estate.


How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?

When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.


How can you see the Will of your deceased father- in - law?

If the estate has been filed for probate you can go to the probate court and read the will. Once a will is filed for probate it becomes a public record. You can even get a copy to keep for your records.


Can you probate a will personally?

No. A Will only goes into probate once the principal (the one who created the Will) has passed away. The Executor or the person in-charge of the principal's assets, would be the one to present the Will to court for probate. Even if there is no Will, the deceased person's assets will still need to undergo probate for the state to determine where and to whom his assets will go to.


What can we do if we don't trust executor to my grandmothers will?

An executor is not the executor until appointed by the probate court. Go to the probate court and request the file. You can read the will and monitor what the executor has done. She must file an inventory with the court and will need to file an account when the estate is closing to show the court where all the assets went. She must follow the provisions of the will. If she is not performing her duties properly and with expediency you can request she be replaced with a new executor.


Where do l get a estate letter?

You go to the probate court and apply. The court will issue the letter of authority to the executor.


What determines if a will goes to probate?

All wills go to probate. It's a matter of how long the process takes. When there is a will, the probate proceedings are called "testate proceedings." The heirs usually decide if it is necessary to submit the will for probate, especially if an executor has not been appointed. The court reviews the will, makes sure that it is valid, reviews and validates the death and appoints an executor if there is none.