Having them sign a waiver is a good first step. Before you get approved as the executor you will need to get a security bond double the value of the estate. The cost will depend on the size of the estate. Once you have this in place you can apply to be the administrator. Definitely speak to a probate attorney in your area. They likely have several bond agencies that they work with to get you the best price on the bond and help with the necessary court filings.
The first step is to hire a probate practitioner to help you.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
You don't say whether you are also nominated as an Executor in the Will. If not, you may not be able to be appointed as an Executor and avoid having the estate purchase a "bond." Either way, you are going to need an expert probate attorney to represent you, as Executors have personal liability for what they do, and it is in your interest to shift that liability to an attorney. So, in my view, your next step is to engage the services of an expert probate attorney to assist you.
Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email [email protected] Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.
If your father's estate is large and complex (there are liquid and real estate assets, etc), you should consider hiring a probate attorney to shepherd you through the process of an estate administration. If you are named as the third in line to be the executor you should not have to get a surety bond to administer the estate. If you are not named the court will most likely appoint assuming you and the other heirs are all on the same page.
First you need the last will and testament naming you as executor. If you are not named in the will you cannot be an executor. Next you need the names and address of the next of kin of the deceased person and the people named in the will, since they all must receive notice of the will. You must file forms in probate court to admit the will and to have yourself appointed. That can be walked through the same day if the will appoints you.
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