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    Catsmine's Avatar
    Catsmine Posts: 3,826, Reputation: 739
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    #1

    May 16, 2013, 09:23 AM
    Changing the Executor
    The executor of a relative's will doesn't want to do anything else now that the funeral arrangements are completed. What should the heir ask him to provide in order to get the very small estate ready for probate, such as closing credit card accounts, shutting off the gas, etc.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    May 16, 2013, 10:43 AM
    The duty of the executor includes managing the finances of the estate as it goes through probate and ultimately passes on to the heirs - depending on the state and the value of the esate this typically means obtaining letters testamentary from the probate court, setting up an estate checking account, paying off bills and creditors of the deceased, making sure that the deceased's property is properly cared for, and working with financial institutions to retitle accounts in accordance wit the decedant's will (or per state law if there is no will) and disposing of stuff that has little or no value (old clothes, books nobody wants, etc). It's a lot of work, and if the person does not want to perform the required duties an alterate executor can alwayd be named. It requires finding a reasonable alternate person who then goes to probate court with the named executor to have the new person officially named.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    May 16, 2013, 10:46 AM
    In my area Surrogate's Court (which handles these matters) will assist in appointing a successor executor.
    Catsmine's Avatar
    Catsmine Posts: 3,826, Reputation: 739
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    #4

    May 16, 2013, 10:54 AM
    Thanks, guys.

    One thing I noticed from reading other threads, since the probate application has not been made, it looks like all we need is a letter from the named "executor" declining the job and someone willing to do it so we can go the court and have the new "executor" designated in the probate application.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #5

    May 16, 2013, 11:03 AM
    Quote Originally Posted by Catsmine View Post
    Thanks, guys.

    One thing I noticed from reading other threads, since the probate application has not been made, it looks like all we need is a letter from the named "executor" declining the job and someone willing to do it so we can go the court and have the new "executor" designated in the probate application.
    That's how we did it when my uncle died. His executor (my dad) had died, my mom was named as 2nd executor, and she declined, passing it on to me via a notarized letter (and I lived 8 blocks from him, whereas she was in another state). His estate was small enough that the lawyer didn't go through probate.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    May 16, 2013, 11:04 AM
    One thing the executor probably has by now is some notarized death certificates, which run around $20 each and are handled by the funeral home but given to the executor. They are needed to close accounts and obtain life insurance. But most of them will accept a copy of the notarized death certificate if submitted within 6 months of death.
    Catsmine's Avatar
    Catsmine Posts: 3,826, Reputation: 739
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    #7

    May 16, 2013, 11:11 AM
    Quote Originally Posted by joypulv View Post
    One thing the executor probably has by now is some notarized death certificates, which run around $20 each and are handled by the funeral home but given to the executor. They are needed to close accounts and obtain life insurance. But most of them will accept a copy of the notarized death certificate if submitted within 6 months of death.
    The problem is that the companies are not allowed to even go far enough to mention Death Certificates. The telephone reps say they can only speak to the executor.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #8

    May 16, 2013, 11:12 AM
    Quote Originally Posted by Catsmine View Post
    The problem is that the companies are not allowed to even go far enough to mention Death Certificates. The telephone reps say they can only speak to the executor.
    I just mentioned that for when the executor is changed, to not forget to ask for them.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #9

    May 16, 2013, 11:56 AM
    Quote Originally Posted by Catsmine
    The problem is that the companies are not allowed to even go far enough to mention Death Certificates. The telephone reps say they can only speak to the executor.
    Correct. One way I got around that when my father-in-law passed away and I was trying o help my mother-in-law (the executor) who wasn't very good about such things is that when talking with banks, investment houses, etcI would be on the phone with her on an other extension . It was a bit funny actually - in a typical conversation the rep on the phone would ask my MIL for her social security number, which she couldn't remember so she would ask me what it is. I would start to give the number and the rep would interrupt to say my MIL had to say it herself, so I would say it out loud to my MiL two digits at a time, and then she could repeat it into the phone. It was amusing as long as you can keep a sense of humor when dealing with stuff like this.

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