An executor is not an executor until the will has been examined and allowed and they have been appointed by the court.
You need a Letter of Authority from the probate court to act as the executor of an estate.
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.
A will must always go through probate. That makes sure all of the legal requirements are met and taxes paid.
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.
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.
No. The power of attorney comes while the person is alive. You need to go to probate court and become executor of his estate.
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.
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.
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.
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.
You go to the probate court and apply. The court will issue the letter of authority to the executor.
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.