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What Happens If the Executor Doesn’t Follow the Requirements of the Will?

September 21, 2017

Appointing an executor is an important step to take if you want to protect your interests after you pass away. Choosing the right person to serve in this role is important because you need to place your faith in this individual. For your family members struggling to cope with your loss, the selection of an executor who doesn’t follow the will’s requirements can present problems beyond what they know how to handle, but there are options.

Probate proceedings are judicial, so there is a judge who will oversee the process. A court may appoint a personal representative in your estate if you do not have one, and the court will maintain jurisdiction over the matter in this situation. There are two major types of estate administrations; supervised and unsupervised. The court will be involved in every stage of a supervised administration. Prior to the action taken by the personal representative, that person would need an order from the court. 

Unsupervised visitation, however, requires far less involvement from the court when compared with supervised administration. Once the estate has been completely administered, the personal representative issues a final account in with court.

Parties have a maximum period during which they can object and it is strongly recommended that you have a probate lawyer to assist you with this process because you will need someone who is familiar with the law and who can help you navigate the complexities of estate planning and administration. Consulting with a lawyer immediately is very valuable for anyone who finds themselves in this situation.

                                                                                                                                                                                           


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Recent Posts
Do You Owe The AMT?

American educational reformer Horace Mann called education “the great equalizer.” In football, it’s been said ...

See more
What is the Value of Your Business?

In the second quarter of 2023, more than 2,300 small businesses were sold. The median ...

See more
Immediate vs. Deferred Annuities

Despite not being as well known as some other retirement tools, annuities account for 6.5% ...

See more