Wills

I presume the reason you need this is to e-file.

Do yourself a favor and just print out the return on paper and mail it in. Include the W-2.

Otherwise, you'll need to contact your employer for that information. Or you can call someone else who worked for the employer and ask if they see it on their W-2.

But with the deadline fast approaching, consider just mailing in your return. Or mail in an extension (pay the balance due with the extension) and finish filing when you get the missing information.

You can decline to serve as the executor. The court will appoint someone else to do so.

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

The most recent will shall be considered the correct one. In some cases, silence in a new will on a specific subject may lead to using portions of an old will.

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.

The named executor can file a declination and you can petition the court to be appointed in their place.

The named executor can file a declination and you can petition the court to be appointed in their place.

The named executor can file a declination and you can petition the court to be appointed in their place.

The named executor can file a declination and you can petition the court to be appointed in their place.

The sale should have court approval. The executor needs to request a license to sell from the court and will need to disclose the name of the buyer and the price. The beneficiaries will be notified of the petition for a license and will have the opportunity to object. If you have objections you must make certain you appear on the day proclaimed in the notice. The court will hear objections and render a decision on whether to issue the license to sell or not.

While I am not sure what you mean by "cost to become an executor of the estate," you might find this information useful on the cost to open an estate.

To be appointed as executor or administrator of the estate (executors serve is there is a will, administrators serve if there is no will or no named executor,) you normally need to be appointed by the probate court. The exact procedure depends on the state where the estate is probated.

This means that you will need to pay a filing fee and might need to post bond (this provides insurance if you skip out with estate funds.) In California the filing fee runs $435.00.

You will probably also need to publish notice in a newspaper, this varies depending on the paper where you publish. In my geographical practice area, the publication runs $100 - $200.

And of course, there is the attorney to assist you and represent you in court. Again, how and how much the attorney gets paid depends on the laws of your state. Here in California, my fee for ordinary services are set by statute (law.) I only get paid after the probate court approves my fee, generally at the end of administration.

And, since you are not the executor yet, you cannot use the estate's funds to start the process. Most attorney's require an advance of costs (filing and publication fees) to get started.

OK, so now the good news. In California at least, any funds you spend on opening the probate is considered a "cost of administration." This means that the estate will pay you back before any other creditors. You will need to wait till the estate closes, but you will get the funds back (no interest though.)

It means they are responsible to administer the estate. They will also receive some of the estate as an heir.

It can be challenged by any natural heir. Anyone named in the will also has standing.

I do not know the exact answer to your question, however, I always go to the local courthouse and ask the clerk of courts. In my area (massachusetts) there are lawyers who volunteer their sevices free. Each day there is a different lawyer on hand to answer your questions and it is free.

If you go make sure you have as much information as possible...like
1. How do you know there is a will?
2. Who has control of the documents?
3. What is the relationship of the deceased to you?
4. Why do you think you have a claim on the estate?
5. Is there a lawyer involved with the execution of the will?
6. Who is keeping you from seeing the will and getting what you believe has been willed to you?7. Has the will been probated yet? Where?


There will probably be more questions for you but only someone who is legally qualified to give you that info is legally allowed to answer you.


A former editor of Fortune Magazine said, "Laws are made by lawyers, for lawyers, with no regard for anyone else." After seeing the clerk of courts you might try a para-legal but you may have to get a lawyer anyway.


These are only suggestions because I am not a lawyer and do not give legal advice. All I related to you is what I would try if I was going through the same problem you are asking about. If you want to copy me... that is your choice. Good luck.

Probate laws vary in different jurisdictions.

Generally, if there is real property in the estate the will must be probated in order to vest legal title in the heirs. If there is personal property such as bank accounts, investment accounts, a car, home furnishings, etc., the estate must be probated through the probate court.

You need an attorney, not a website.

An executor does not have the legal right to "refuse to have the will probated." Until the will is probated, it's just a piece of paper (and part of what makes an executor an executor instead of just a busybody is being granted probate by a court).

From what you are saying, the "executor" in this case is playing fast and loose with the law, and you'll probably want to get an attorney involved sooner rather than later.

Yes, a deed must be notarized to make it enforceable and recordable. The requirement for notarization has been codified by state recording statutes. Some states require that a deed also be witnessed. You should call your attorney or land records office to determine what the requirements are in your particular jurisdiction.

A testator can make changes to their will by using a codicil. A codicil is written in the same form as a will and should clearly explain its purpose: which provision in the will is being stricken or what provision is being added. The codicil must clearly state the added provision if there is one.

In the case of changing the named executor the codicil must state the section appointing (name) as executor is hereby stricken and is replaced with the appointment of (new name) as executor.

Wills and codicils should be drafted by professionals to make certain they conform to state laws. If legal documents do no conform to state law they may be deemed invalid.

An executor is not allowed to do whatever they wish unless that power was specifically granted in the Will. An executor has absolutely no power until the Will has been filed for probate and the court has appointed the executor. Once appointed the executor has the authority to settle the estate according to the provisions in the will and according to the state probate laws under the supervision of the probate court. Any misbehavior should be reported to the court and the executor may be held personally responsible for any breach of their duties.

Unless specifically called out, the contents are personal property. They will be a part of the estate and go to the remainderman if they are not sold to settle debts.

Then you are intestate, and your estate will be handled in accordance with applicable intestacy laws.

That is their responsibility in all states. They represent the estate in the sale of the estate's property. They will need a letter of authority to do so.

It depends on the laws of the particular state where the will is being executed concerning the executor.

Until you are either relieved of the duties by the court or you properly close the estate. You can resign the position and provide the court with a full accounting up to the time of your relief.