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A testator chooses an executor to take charge of and settle their estate after they die. The executor must file the will in probate and must be appointed by the probate court. The executor has no legal power until they've been appointed by the court. The court generally will appoint the executor that was named in the will unless someone files a legitimate objection.

The executor has nothing to do with your husband's right to inherit from your estate. If you die owning property in your own name, and you don't live in a community property state, the property will be distributed according to your will, or, if you have no will, it will be distributed according to the state laws of intestacy. You can check the laws of your state at the related question link provided below.

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Q: If I die Does the executor of estate supersede my husband if his name isn't on the property?
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Related questions

Can executor sell your property in Maryland?

An executor can only sell the property in the estate. If it is in the estate, it does not belong to you.


Can the executor of my father's estate transfer his property to herself or her husband?

Only if that is what the will calls for. Normally the property has to evaluated and sold at a market rate.


Is an executor responsible for anything missing from an estate property?

The executor has the responsible to maintain the estate. That includes keeping the property safe.


Your husband died are you the executor of the estate.?

You aren't the executor of the estate until the court appoints you. If your husband left property standing in his name alone then his estate must be probated. You should seek the advice of an attorney who specializes in probate who can review your situation and explain your options. If your husband left a will you should bring it with you when you meet with the attorney.


Does an heir sibling to an estate have a right to enter estate after death of a parent if they are not the executor?

They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.


Can a executor ask a beneficiary to move out of the house?

Yes, they can ask them to move out. The property belongs to the estate. The executor can sell the property or transfer its ownership as directed by the will or the court.


Can you be reimbursed for property taxes from estate?

If the property is in the estate, the estate is responsible for them. You are entitled to be reimbursed if you have paid them for the estate. Submit your claim to the executor.


What can you do when all heirs to an estate are willing to sell the property except for one and he is the executor of the estate?

The executor is the person responsible for the estate. That includes making sure the property is sold for a proper amount.


Can an executor charge rent to an heir that has lived in the property for 19 years and was the caregiver of the deceased?

The executor of the estate is responsible for the estate. Use of the estate property is an asset and they should pay rent.


If you are the executor and heir to an estate with no will can you take a loan against the said estate property?

If you are the executor and heir to an estate with no will, you can you take a loan against the said estate property, but not right away. Lenders typically will not give you a loan on a piece of property until it is in your name.


Who protects a deceased person's property?

The executor of the estate.


Do all keys have to be handed to the executor of a will?

The executor is responsible for all estate property. They control who has access to that property. It is common for them to collect the keys or have the locks changed to preserve the estate.