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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41014
Experience:  Texas lawyer for 30 years in Estate law
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How do I become the executor of the estate?

Customer Question

How do I become the executor of the estate?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. You would have the lawyer make application for probate and for you to be appointed personal representative.The court will schedule a hearing and grant the request and appoint you as the personal representative of the estate.You will receive your letters from the court, these are used to gather assets, file tax returns, get an EIN number for the estate. Here the first step is to have the probate lawyer file your application for probate.
Expert:  RayAnswers replied 1 year ago.
You can also do this yourself, here are the forms You will need a certified copy fo death certificate to file with your application.
Expert:  RayAnswers replied 1 year ago.
Expert:  RayAnswers replied 1 year ago.
SummaryThe Petition is filed by the person seeking to act as, or appoint, the representative. A filing fee is paid, court date is scheduled and several other required documents must be prepared and filed (including an affidavit of heirship and the oath & bond of the representative). If the Petitioner is not the designated executor, then unless waivers are obtained, prior notice of the court date is required to be given to certain heirs (who have equal or greater preference than the petitioner).At the initial court appearance to open the estate, the probate judge reviews the paperwork to ensure that all necessary documents have been properly filed and all disclosures and notices have been given. If there is a Will, the judge reviews the original Will to determine whether it appears to comply with the statutory requirements for a validly executed Will. If everything is in order and there are no objections, the judge will enter an Order opening the estate, appointing the representative and ordering “Letters of Office” to issue. Letters of Office is the (one page) court-sealed document that serves to notify third parties holding a decedent’s assets that a person has died and a representative has been appointed to act on behalf of the estate for all matters.- See more at: I appreciate the chance to help you today.Thanks again.
Expert:  RayAnswers replied 1 year ago.
Please let me know2 if you have more follow up.If you can positive rate when we are done it is always much appreciated.