An executor of an estate is appointed to take care a person’s estate if the person becomes incapacitated or dies. In most cases, the executor is appointed by the individual making the will.
It depends. Every state has an intestate succession law to distribute the deceased individual’s property. Also, every state has a law that provides a list of eligible relatives who can fulfill this position. Most states make the surviving spouse or partner the estate’s executor. Adult children are next to serve as executor.
It is possible that you may be able to become an executor. However, you will need to check your state’s priority list of eligible people to fulfill the executor role.
An individual needs to go to the court in order to become appointed as the executor. To become appointed, you must:
Yes. In some states, a proposed executor is required to post a surety bond. This bond insures the value of the person’s estate against any mistakes that the executor makes.
You should contact a probate attorney to find out how you can fight the challenge to your executorship request. A hearing is usually requested for the petitioner and challenger to present their cases.
Yes. Becoming an executor of an estate is complicated. You will want to contact an estate lawyer to understand more about the executor role and how to proceed.
Last Modified: 05-18-2015 11:47 AM PDTLaw Library Disclaimer
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