The only reasons not to notify a named executor of the death of the testator are ALL negative. Either you want to use, and possibly convert, the decedent's property; plunder the bank accounts; prevent the distribution of the estate according to the terms of the will; etc. Those actions are against the law. Since you know who the named executor is you are withholding the will and preventing the settling of the estate. That is against the law
The executor should be notified so the will can be admitted to probate and the estate settled according to the terms of the will and the state laws under the supervision of the probate court. If there is real estate the title to the property cannot pass to the heirs unless the estate is probated.
The named executor must file the will in probate, generally within 30 days of the testator's death, and request appointment as executor. Once appointed by the court the executor will have the authority to settle the estate according to the terms of the will and the state probate laws under the supervision of the court. An executor who has not been appointed by the court has no legal power to settle an estate.
The executor is required by law to notify all the beneficiaries and must provide proof to the court that it has been done.
Can my sister legally take my moms checking and savings out when we were both executors
Generally, yes. If he is legally (competent) capable of appointment as the executor.
That is the responsibility of the legally appointed estate representative. If no estate is opened and no representative appointed because there is no estate, any family member can notify the creditor of the death. It will likely request a copy of the death certificate. It is best to notify creditors as soon as possible to avoid debts going to collection as delinquent.
No. The lawyer does.
The executors and trustees of the estate.
Your mother can legally alter the conditions of her will as long as she is still deemed to be of sound mind and body. If there is a suspicion that she is senile, then the change could be legally challenged.
the first person you should notify is a retard like your mother.
Yes.
No, there is not any liability to notify a sibling in the event of a parents death. In most states siblings need to be notified.
The remaining executor can submit a resignation to the court and request that a successor be appointed.
No but it is the decent, ethical and right thing to do. Just put yourself in their position. I'm sure you would like to know too. And they are entitled to their inheritance.
co-independent executors