Appointing Executor

The first task in a probate proceeding is appointing a responsible party to manage the estate. This person is usually called the Executor/Executrix. The executor may be an individual or a company, such as a bank. The Executor may have been nominated by the decedent in the decedent’s Will. In many cases, there may be more than one Executor named. In essence, the proceeding for probate is commenced by the filing of a Petition for Probate of Will, a Military Affidavit indicating whether or not any of the decedent’s heirs are in the military service and a Fiduciary Bond, for the performance of duties by the Executor. After the Petition and other documents are filed, along with the filing fee, the Death Certificate, and the Will (if any), the court issues the “Citation”.  The Citation is the court’s order to the proposed Executor to provide notice to all of the decedent’s heirs that a Petition for Probate has been filed.

The proposed Executor must then publish notice in the newspaper serving the locality in which the decedent lived. The notice states that interested parties who wish to object to the appointment of the Executor have an opportunity to do so by filing a notice with the court by a certain date chosen by the court. If no objections are filed, the Executor will be appointed and will then have the authority to manage, inventory, account, and eventually distribute the decedent’s estate.

Attorney Tobin can assist you in the entire probate proceeding including becoming appointed Executor or Administrator and in fulfilling your obligation to publish notice.

Contact us to arrange a free consultation with Attorney Adam J. Tobin