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Almost all 50 states have the same laws. However, the time periods and challenge processes may vary.
The probate court will assign a 'temporary' executor who is an officer of the court to ensure that no assets are 'gone missing' during the assignment phase.
Then the probate court will designate a 'permanant' executor based on the typical family pass-on structure that already exists in all states. Order being, 1) Spouse, 2) Children in order of oldest male child (over 18) down, then oldest female child (over 18) down. 3) Parents (If both husband and wife die simultaneously, then the husbands parents first, wives parents second). Then it progresses to Grandchildren (oldest first), Grandparents (husbands first), then it starts getting into nephews/neices, then uncles/aunts.
If an executor isn't named in the will, the probate court MUST appoint according to these rules, but that doesn't stop anyone else with a family interest in the estate from contesting it. Say, the oldest surviving son is in jail for financial or insurance fraud. Obviously someone can petition to not have him assigned executor. It's best to always have an executor unless the normal 'chain of inheritance' works for you.
What else can I help you with?
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.
If the executor of a will dies would that person's next of kin automatically become the executor?
No. If the executor dies the court must appoint a new executor.
Can a person who is not the next of kin or the spouse of the deceased have the right to over ride the wishes of the legal kin?
The executor has the responsibility to resolve the estate and settle debts regardless of what the next of kin want.
Will executor and next of kin competing for a decease's redirected mail who wins?
The mail belongs to the estate. The executor should get all mail.
If unmarried father dies who would be the next of kin?
The decendants are the natural heirs. If they are not yet adults, the court will create a trust for their suppport. They will also appoint an executor to manage the estate.
Does next of kin have to hold power of attorney to get autopsy results?
The power of attorney expired on the death of the principle. The executor of the estate can certainly obtain a copy.
If you die and no will is produced what happens?
It will all go to your spouse if you are married or to your next of kin.
When was The Next of Kin created?
The Next of Kin was created in 1942.
What is your responsibility as next of kin to a cousin who has just died?
Unless you had been assigned their Power of Attorney (while they were alive) or named as their Executor, you have no legal obligation or responsibility.
Will funeral homes accept assignment of life insurance?
No, not normally, the deceased's next of kin or executor is responsible to pay for the funeral by encasing any life policies.
What happens to the assets when my deceased husband's stepmom dies and he is a beneficiary in her will?
They will try to get the next of kin according to the will. I assume as your his husband that you should be the closest of kin
Do courts favor next of kin for executor of estates?
Courts typically give preference to the next of kin when appointing an executor of an estate, especially if they are willing and able to fulfill the role. However, the final decision ultimately depends on the specific laws and circumstances of each case. Factors like competency, potential conflicts of interest, and the wishes of the deceased may also be considered.
