The beneficiaries of a Will that has been probated and is being administered in a estate proceeding have the right to contest an accounting of the Executor of the Will and Estate.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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For example, many people assume that an executor can withdraw money from an estate account. The truth is that they mostly cannot. The simple reason is that they are the management of the estate bank account. It is not theirs; the cash belongs to the estate.
Executors are bound to the terms of the will, which means that they are not permitted to change beneficiaries. The beneficiaries who were named by the decedent will remain beneficiaries so long as the portions of the will in which they appear are not invalidated through a successful will contest.
The funds in a bank account are available for the executor to use to cover debts, taxes, and other estate costs. The executor can liquidate the account and distribute the funds in ance with the will once the estate is settled. The executor cannot spend the money however they like or for their personal needs.
There is no set format for estate accounts, however they should as a minimum detail all estate assets as they were at the date of death, all liabilities and any increases/ decreases in the value of estate assets once they have been liquidated.
Once a Grant of Probate has been awarded, the executor or administrator will be able to take this document to any banks where the person who has died held an account. They will then be given permission to withdraw any money from the accounts and distribute it as per instructions in the Will.
