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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Procedure for Contesting a Will in West Virginia To initiate a will contest or an impeachment of the will, the objectant must submit a written objection. The objection must state the reasons for the objection. Generally, a will contest must be filed within six months from the date of the probate order.
With the distribution of all assets, the executor is said to have ?closed the estate.? But, the executor still retains the power to gather newly discovered assets and address future complaints.
Some of the financial assets of the deceased are put within an estate account after they pass away in order to help pay off their debts. Once the account is opened, the Executor, or a court-appointed administrator, is permitted to use the funds held within the account for debts.
Individuals can receive inheritance money in different ways including through a trust and from a will, which can come with restrictions, or as a beneficiary on a bank or retirement account.
The Personal Representative must file a final account, report and petition for final distribution, have the petition set for hearing, give notice of the hearing to interested persons, and obtain a court order approving the final distribution.
Code § 11-11-7. After the administrator/executor files an Appraisement and a Nonprobate Inventory, the county clerk publishes a Notice of Administration of the Estate. The person's creditors have 60 days to file a claim against the person's estate, alleging that the person owes them money.
The Personal Representative must file a final account, report and petition for final distribution, have the petition set for hearing, give notice of the hearing to interested persons, and obtain a court order approving the final distribution.
Divvying up your estate in an equal way between your children often makes sense, especially when their histories and circumstances are similar. Equal distribution can also avoid family conflict over fairness or favoritism.
