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What is needed to appoint an alternate executor

Conroe, TX |

The will was probated in 1981, the will only named one executor. The executor was also the sole beneficiary of the will, however the executor/inheritor passed away. There is real property that needs the title deed updated, and an alternate executor is needed to transfer the deed to the estate of the deceased inheritor so that it may be dealt with by the current probate process.

Attorney Answers 5

Posted

Sounds like the estate has to be reopened. If there is no backup executor of the primary estate named, an administrator or administrator CTA has to be named - this would typically be chosen from the list of closes relatives (heirs at law). The process is usually about the same as naming an original administrator. I would advise hiring an attorney as this is a little more than run of the mill. There are many good TX attorneys here on AVVO who can provide good details.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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Posted

If an alternate was named in the will and is available to serve, he or she should take over the job and go to court to get the proper documentation to serve. If no one was named as an alternate, someone should petition the court to name an alternate. You may need an attorney to assist you - depending on what you find in the Will.

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Posted

Attorneys Zelinger and McMahon are correct. If there is a successor executor who is willing to serve, then he or she should petition the Probate Court to serve. If not, then an interested party will petition to serve as Administrator CTA (that is the name for a person who administers a will but is not named as an Executor therein). Whoever petitions the court should be represented by an experienced attorney. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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Posted

You will need to file a motion to appoint successor executor, which will also include an accounting of the estate up until that point. Because this is an estate, you will also need to hire a probate attorney to represent the executor. The attorney can prepare the motion and assist the new executor. The new executor will have to take an oath and may have to post bond. A new inventory may also need to be prepared if new property has come into the estate.
Go see a probate attorney to assist you and your family further.

If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.

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Posted

For clarity, let me use these terms. D1 is the person who died in 1981. D2 is the executor/inheritor who died recently. The probated will of D1 acts as evidence of transfer of title to D2. If the property is in a different county than where the will was probated, a certified copy of the will should be filed in the county of the new property. So, the property is now in D2's name, the issue becomes who inherits D2's property. The current probate process for D2 will handle that. So, I disagree with my colleagues. A successor executor for D1 does not need to be appointed. The executor of D2 should be able to transfer clear title to D2's heirs. I hope that is helpful. You do need legal counsel.

There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.

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3 comments

Joseph Michael Pankowski Jr

Joseph Michael Pankowski Jr

Posted

Interesting. I read the question as the first will never having been probated. If that's the case, would your answer change?

Joseph Michael Pankowski Jr

Joseph Michael Pankowski Jr

Posted

Nevermind--just re-read the question. Clearly, the probate was opened, but apparently never closed.

James P. Frederick

James P. Frederick

Posted

Can this automatically be done, even if title was never transferred in the first estate? I read this the same way that Joseph did. If this was not done in the initial probate, the estate would need to be re-opened in Michigan, in order to transfer title to the initial beneficiary, D2 in your response, before D2's estate would have title.

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