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How can you as the child become the executor of the estate over the suviving spouse and no will?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoYou cannot be appointed executor if there is no will. An executor settles the estate according to the provisions in the will.
If there is no will an administrator must be appointed. The surviving spouse is always favored by the court for appointment as administrator. You would need their cooperation to be appointed. They would need to consent. You can petition for that position but the surviving spouse can object and and the court will usually appoint the surviving spouse.
Wiki User
∙ 14y agoThey petition the court to be the executor. The form is pretty straight forward. It never hurts to consult a probate attorney.
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Is surviving spouse responsible for medical bills in NJ?
Only if she is the executor of the estate. The executor is responsible for all estate debts.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Can you benefit from the will if you are the executor?
Yes, nothing prohibits the executor from receiving part of the estate. In fact, it is more common than not for the executor to receive something, as for example, where a husband leaves his estate to his spouse and makes her his executor.
Can a child who is not executor of estate be allowed to help the other two children who were named executor of estate in the cleanup of deaceased parents household with no spouse?
Certainly.
Can an executor sue a ex spouse who owes money to estate after 10 yrs?
It will depend on the documentation and when the debt was incurred. The executor can bring suit on behalf of the estate.
Can a surviving spouse file bankruptcy for a decease spouse?
The executor of the estate can do so. It is more than possible for the estate to not be able to pay all debts.
Can an executor be listed as a beneficiary?
Yes, and they frequently are as in the case of the standard husband and wife will, where each spouse leaves the entire estate to the other spouse and names that spouse the executor.
Does the Executor of the Will need to do anything if the Spouse is left alive?
They need to close the estate. This is much easier when the spouse inherits everything.
How do you petition the court for a spouse to become executor of estate when there is no will?
Most court houses will have a packet of forms. They are filled out and submitted to the court for execution and a letter of authority will be issued.
Can executor and beneficiary be the same?
Yes, that is often the case when a spouse dies. It saves the estate money.
Does a spouse have rights to redeem a Certificate of Deposit issued by a bank in the deceased spouse's name?
No, the spouse does not. However, the executor of the estate, which could be the spouse, does have the right. They will have to show a Letter of Authority from the court and account for the monies as part of the estate.
Can an executor's spouse insert themselves in executing a will?
Legally they have no standing to do so. Only the executor has the court order allowing them to act on behalf of the estate. The spouse certainly may influence them, but the executor still has to account to the court.
