How Do You Become The Executor Of An Estate?
How do you become the executor of an estate if the named executor is unable or unwilling to meet the responsibilities of the role? Read on, but, please note that the following article may be difficult or confusing for many readers. As such, if you cannot understand the information given, you may wish to do directly to an attorney. • Find the original will executed by the deceased “Testator”. The will or trust may name a Successor Executor (or Trustee) if the first named executor is unable or unwilling to meet the responsibilities of the role. If there are no designated executors willing or able to file and carry out the provisions of the will, any interested party (“Petitioner”) may file a proceeding in the Probate Court where the Testator died or owned property to administer the Testator’s will. • File a “Petition for Letters of Administration with Will Annexed” in the Probate Court where the Testator died or owned property. Generally the person filing the Petition would be required t
• Find the original will executed by the deceased “Testator”. The will or trust may name a Successor Executor (or Trustee) if the first named executor is unable or unwilling to meet the responsibilities of the role. If there are no designated executors willing or able to file and carry out the provisions of the will, any interested party (“Petitioner”) may file a proceeding in the Probate Court where the Testator died or owned property to administer the Testator’s will. • File a “Petition for Letters of Administration with Will Annexed” in the Probate Court where the Testator died or owned property. Generally the person filing the Petition would be required to notify all of the Testator’s immediate next of kin and post a surety bond in an amount determined by the Court to protect the interests of the beneficiaries and creditors of the Testator’s estate. • Request and attend a Hearing, to be set by the Probate Court upon giving notice to all of the Testator’s immediate next of kin, for
