An executor is required to give notice to the beneficiaries and also to the people who would have been heirs if there had been no will. State laws specify the time within which the notice has to be given. In NJ it is 60 days after probate.
Generally, once a will has been filed for probate it becomes a public record and a copy may be obtained at the court where the will was filed. The executor should make copies of the will available to the beneficiaries. If they don't anyone can obtain a copy from the court.
Yes, in many cases the executor is a family member and heir.
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
Executor fees are set by law. The family does not have to sign off on them.
The executor can file a resignation with the court and you would petition for appointment as the successor.
It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.
Yes, it is very common that a member of the family be named as executor.
If at the time of death of the testator the named executor is deceased the court will appoint a successor. Another family member can petition to be appointed the executor or the family can nominate a successor who must be appointed by the court.
The probate court will appoint an executor. It is often a family member or a neutral party.
Executor
The executor has the right to sell the property. The amount must be a fair market value.
If there is no will, a court can appoint an executor to handle the estate. The court will typically choose a close family member or friend to serve as the executor.
There is a distinction between money the executor receives as compensation for administering the estate and money the executor receives as an inheritance. The fees are taxable income, the inheritance is not.