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Yes, an executor can override a beneficiary's wishes as long as they are following the will or, alternative, any court orders. Executors have a fiduciary duty to the estate beneficiaries requiring them to distribute estate assets as stated in the will.
Throughout the process, the estate administrator or executor must perform their duties impartially and honestly.Pay the estate's taxes and debts. Distribute any assets to beneficiaries and dispose of any leftover property. Maintain the estate, including homes and property, until it can be distributed or sold.
Process of Probate includes applying to the Supreme Court of New South Wales for the Will of the deceased to be declared a valid legal document, allowing the assets in the deceased Estate to be gathered in by the Executor, liabilities paid and the deceased Estate distributed to the beneficiaries named in the Will of
In general, the responsibilities of an estate administrator are to collect all the decedent's assets, pay creditors and distribute the remaining assets to heirs or other beneficiaries.
This involves filing a petition with the court overseeing probate, asking a judge to remove the executor you named and to transfer the job to another individual.
Joint tenancy with right of survivorship. Property owned in joint tenancy automatically passes, without probate, to the surviving owner(s) when one owner dies. Tenancy by the entirety. Community property with right of survivorship.
A home is sold in probate court when someone dies intestate or without bequeathing their property. When that happens, the state takes over and administers the property's sale. The court wants to be certain the property is marketed and sold at the best possible price.
Probate is the procedure by which a court determines who is entitled to the assets of a person who has died.In essence, much as in a standard sale, the order authorizing the probate sale can be recorded just as a deed would be, and title will then be clear when probate closes.
Probate is the court process to distribute someone's estate after their death, even if there is a will, and is notoriously slow in California.Probate tends to be less onerous in most other states, but the process still costs money and delays when beneficiaries can receive their inheritance.