Probate

First, you must qualify under the laws in your jurisdiction. Generally, the administrator must be an heir at law or creditor of the decedent. If qualified, you file a petition for administration at the probate court where the decedent resided.

Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.

The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses.

An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.

The fact that the will exists. All wills need to go through probate to allow proper distribution, evaluation and paying of taxes.

Unless specified otherwise in the will, an executor is entitled to compensation for their work. Anything they inherit is a separate accounting.

Generally, you must be qualified under your state law to petition to be appointed the Administrator of the estate. In most jurisdictions that means you need to be either an heir or a creditor of the decedent. If you are qualified then you file a Petition for Administration with the Probate Court. You will need a certified copy of the death certificate to accompany the Petition. When the Petition is allowed you will be appointed the Administrator of the estate and the court will issue Letters of Administration. After the appointment has been made you will have the authority to administer the estate and will be required to perform all the tasks required of an estate Administrator.

There is no law that the eldest takes over the estate. It's up to the family to decide. The youngest may be the best choice if they have strong organizational skills and have the time to act as administrator. An executor is appointed when there is a will. Whoever is chosen by the family must petition the court for appointment. Once appointed they will have the legal authority to handle the estate.

Only whole life insurance,not term life.

If the decedent owned property in their name alone then their estate must be probated. A person who dies without a will who owns property is said to be intestate. See the related question below for information on intestate estates.

Your question is much too broad. If you want to read the probate code in your jurisdiction you need to visit a law library and ask the law librarian to help you locate the probate code. You should set aside several hours for completing this task. You should be able to find a law library at the courthouse in your area or at a law school if there's one nearby. You could also do an online search for your state + probate code. Many state codes are now available online. Your state may be one of them.

There is no statute of limitations to probate a will in New Jersey. However, if a newer will is discovered after the probate of an earlier dated will or after grant of letters of administration in absence of a will, probate of the new will could be denied if distribution of assets has already occurred and it is impossible to recover them.

The remaining executor can submit a resignation to the court and request that a successor be appointed.

Yes, the executor has the duty to carry out the instructions of the will regardless of what any potential beneficiaries may want. There may be situations in which the executor must sell certain property in the best interests of the estate.

Of course, any questionable actions of an executor can be challenged in court.

No, there is no limit to settle an estate. It can take many years for a complex estate.

Absolutely yes, if you didn't make certain they were paid by the former owner before you paid for the property and took title.

The executor does not have to be a beneficiary. The court can appoint any responsible person to serve in that capacity.

Of course not. No one is an executor until they have been appointed by the probate court. No one is appointed by the probate court until the testator has died. Any person who gives away the property of another person should be reported to the police and prosecuted.

I hope you understand that there is no such thing as an executor of an estate of a living person.

N.J. probate rules differ from most states due to the fact that the individual counties establish probate procedures. The only time limit set statewide, is that a will or probate proceedings may not begin until the eleventh business day after the person has died. There usually isn't a penalty for delayed probate filing. However, the case will probably be handled differently, than one that was filed within established time limits. The best option is contacting the county probate court of jurisdiction for further instructions.

It's both reasonable and customary for executors to receive some compensation for their services, particularly if they're not close family or friends of the deceased. Normally they wouldn't bill the beneficiary, they'd simply deduct their fees and expenses from the proceeds of the estate.

Executor's fees are set by statute in most jurisdictions.

Depending on the process, most places require that to happen prior to appointing an executor. If the beneficiaries are not happy with the choice of executor, they can request the court appoint a neutral party. That can cost the estate a lot of money.

If life insurance is payable to a beneficiary other than "the estate of ...[the decedent]", proceeds are payable directly to the named beneficiary and do not normally become part of the estate. However, if the designation of beneficiary of the life insurance policy is the estate of the decedent, proceeds do usually become part of the estate.