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No one, unless some malpractice is discovered on the part of the executor after the estate is closed and sues the executor. Once the estate is distributed and a final account is filed and approved the executor is discharged and the estate is closed. After that, the executor has no authority.

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12y ago

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Can one be an executor of probate but not the estate?

There is no executor of probate. The executor of the estate executes the will and probates the estate.


How can you get the money from your deceased mothers checking account?

The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.


Can an executor or girlfriend take money out of a decedent's checking account?

It depends on whether the executor has been appointed by the court and if the account was a joint account with the decedent and his partner.If the executor has been duly appointed they can access accounts solely owned by the decedent. That's their job.If the account is a joint account, it isn't a probate asset and the executor has no control over it. It belongs to the surviving joint owner.


Can an executor of a will distribute assets before probate is completed?

No, an executor of a will cannot distribute assets before probate is completed.


How are payable on death bank accounts handled after the account owner's death and is the executor involved in the settlement?

A payable on death account bypasses probate and is paid over directly to the beneficiary by the bank. They do not come under the control of the executor.A payable on death account bypasses probate and is paid over directly to the beneficiary by the bank. They do not come under the control of the executor.A payable on death account bypasses probate and is paid over directly to the beneficiary by the bank. They do not come under the control of the executor.A payable on death account bypasses probate and is paid over directly to the beneficiary by the bank. They do not come under the control of the executor.


Can the executor of the estate appoint himself as power of attorney?

No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.No, he cannot. He needs to be appointed the executor by the probate court. Until then he has no authority whatsoever.


Can executor transfer property to estate account?

If they have been duly appointed by the probate court they have been granted the authority to settle the estate under the supervision of the probate court. They have the power to close accounts and manage an account for the estate.


How does executor of a will access a checking account?

First they need a letter of authority from the court. They present that to the bank and will be able to access the account.


When an executor of a will dies who replaces them to find lawyer for probate?

The court will appoint a new executor. Consult a probate attorney and they will help you get it resolved.


Can i take a death certificate to a bank and retrieve money from the deceases' account?

No. You need proof that you are the executor of the estate.


You want to remove yourself as an executor?

You are not an executor until you have filed the will for probate and been appointed by the court. You may resign by filing a resignation with the court. The court will require that you file an account and will appoint a successor.


Your mother died and you are the named executor in her will can you obtain funds in her account?

You must file the will for probate and petition for appointment as executor. The court will give you the authority to access the bank accounts once you have been appointed.