Do You Have To Be Appointed Executor By The Court To Act As One If You're Named Executor In The Will?
Do you have to be appointed executor by the court to act as one if you're named executor in the will?
Under the law, you are not required to have a court appoint you as executor before you can carry out your duties. However, the way in which you carry out your duties will be dictated by open probate (the process by which the decedent's assets are collected and eventually distributed). If there are no conflicts of interest and no one contests the will, carrying out your duties as executor can be relatively simple.
If you are named as the executor in someone's will, you will have to go through the court to be officially appointed. Otherwise, however, there is no need for anyone else to get involved. The probate court does not have the power to assign executors; it only recognizes those who have been appointed legally in a will. Of course, if a person has been named as the executor but someone else would like to serve in his or her place, he or she can petition the court for a substitution. But if no one makes that request, the executor can act on his or her own authority as soon as he or she is notified of the death.
If you have any questions or need a Probate Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
