Q:

Can an executor change a will?

A:

Quick Answer

An executor cannot make changes to a will. The executor is bound by law to carry out the provisions of the will and has no authority to make any sort of alteration to the will's terms.

Continue Reading

Full Answer

According to Caring.com, the duty of the executor is a simple one: to carry out the wishes of the deceased. The executor is tasked with handling the decedent's assets and taking care of the decedent's debts and then transferring assets to the heirs as named in the will. Executors are expected to act with honesty and good faith on behalf of the deceased, not to make any choices about asset distribution.

Learn more about Law
Sources:

Related Questions

  • Q:

    What are my rights as a beneficiary of a will?

    A:

    Any beneficiary of a will has the right to be advised as to the validity of the will, can formally request a copy of the will in writing from the executor, be notified of any entitlement liabilities, receive a Statement of Distribution and expect to receive the entitlement within 12 months. The executor of the will should work in unison with the beneficiaries in order to make the process effective.

    Full Answer >
    Filed Under:
  • Q:

    What is the procedure in California probate court?

    A:

    The procedure in California probate court involves the executor of a will filing it with the court, confirming the validity of the will, and then filing an inventory of the estate with the court, according to Nolo.com. Once debts and liabilities are settled, assets are then distributed.

    Full Answer >
    Filed Under:
  • Q:

    What are duties of the executor of the estate?

    A:

    The executor of a will collects the assets of an estate, pays outstanding debts and taxes, and ensures that those named in the will receive the property that the decedent specified they should have, according to DoYourOwnWill.com. The executor may also oversee investments of the estate.

    Full Answer >
    Filed Under:
  • Q:

    What is a letter of testamentary?

    A:

    A letter of testamentary is a legal document, sometimes written before someone's death or issued by a probate court, that gives an executor permission to distribute a deceased person's assets as proscribed in a will. A letter of testamentary, in general, allows the executor to conduct real estate sales, banking transactions and asset distribution per the permission of the court.

    Full Answer >
    Filed Under:

Explore