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My father is on his final days. I was told by him that I was name executrix. how do I declare executor cant handle the estate.

Escondido, CA |

He lives in another state and I am in the state my dying is in. Can I step in and take over which I notify him I have done so.
how can I find out if any changes or any document that could supercede this WILL. I have contact court his WILL is located and they did not mention any changes was filed to his current WILL.

Attorney Answers 2


Not sure i understand your question.
The probate court will follow the last will that was signed by your father.
If the named executor cannot do the job-they can resign or be replaced by the court.
You will need a probate attorney to guide you through this process.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Courts do not store or keep wills of people who have not yet died and where the will hasn't yet been admitted to probate. If you are named as the executor, you will need to file a petition to probate his Will in the state where he resided at the time of his death. You can do this even though you live in another state but I strongly advise you to hire an attorney in that state to get this accomplished. Attorney fees are usually paid from the estates assets and at the closing of the estate.

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