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If a person who owns any property dies without a will their property passes to the legal next-of-kin according to the laws of intestacy in the jurisdiction where they lived. You can check the laws of your state at the related question link below.

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15y ago
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11y ago

The court will appoint an executor. This could be a family member, an attorney or even a bank.

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Q: What if there is no executor of a will?
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Will named you as executor but living trust for the house has no executor named Am I still the executor?

The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.


What is the difference between co-executor and independent co executor?

What is the difference between an independent co-executor and a co-executor


Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?

Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.


Can wife be executor of will?

Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.


When a will is set up or changed does the executor have to sign the will?

The executor does not have to sign the will. They don't even have to know there is one or that they are the executor.


If the executor of a will dies would that person's next of kin automatically become the executor?

No. If the executor dies the court must appoint a new executor.


Does the executor work for the beneficiary?

No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.


How do you calculate executors compensation when you are also a beneficiary?

The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.


What if you don't want to be a co executor?

Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.


Does the Executor answer to the beneficiaries?

The executor should operate in the estate's best interests.


Can one be an executor of probate but not the estate?

There is no executor of probate. The executor of the estate executes the will and probates the estate.


Do you have to go through probate in Oregon if there is a will that appoints an executor?

Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.