How to Prove Executor Over an Estate
When a family is grieving, people are upset and can get their priorities out of line. Family members may also forget arrangements made previously in regards to the division of assets of the estate. When these two things happen, there are bound to be disputes. To prevent these, an executor of the estate is established when a will is written.
- Locate the original copy of the will. The will written by the deceased prior to death clearly states on it who is designated to be the executor of the estate. This is an element of proof which is needed to show who the executor is.
- Petition the courts to be assigned as the executor of the estate. The petition form needed will be available from the clerk of court or online. Be diligent to fill out the form as required in order to keep from any time delays in processing the will.
- Attend court. After the petition papers are filled out, a court date is set to discuss sending the will through the court system and officially assigning an executor to the estate. The court will hold the hearing, and unless there are strong reasons against allowing the petitioner to be assigned as executor, the petition is likely to be approved.
- Obtain letters of executor. After the court approves the petition to be the executor of estate, they issue what is called letters of executor. These letters officially state the individual as the executor of the estate. These letters allow the individual to work with banks and other institutions as the deceased desired when writing his or her will.