Q:

Can an executor change a will?

A:

Quick Answer

An executor cannot make changes to a will. The executor is bound by law to carry out the provisions of the will and has no authority to make any sort of alteration to the will's terms.

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Full Answer

According to Caring.com, the duty of the executor is a simple one: to carry out the wishes of the deceased. The executor is tasked with handling the decedent's assets and taking care of the decedent's debts and then transferring assets to the heirs as named in the will. Executors are expected to act with honesty and good faith on behalf of the deceased, not to make any choices about asset distribution.

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Related Questions

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    How should you start the probate process?

    A:

    To start the probate process, someone acting on behalf of the deceased, usually the executor of the will, comes forward with the will. The probate process is initiated in the probate court in the county of the decedent’s legal residence at his time of death, says New York Life.

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  • Q:

    What are my rights as a beneficiary of a will?

    A:

    Any beneficiary of a will has the right to be advised as to the validity of the will, can formally request a copy of the will in writing from the executor, be notified of any entitlement liabilities, receive a Statement of Distribution and expect to receive the entitlement within 12 months. The executor of the will should work in unison with the beneficiaries in order to make the process effective.

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  • Q:

    How do you change the executors of a will?

    A:

    The executor of a will is changed through a codicil, which is an amendment to a will, according to A.L. Kennedy for LegalZoom. The codicil is written on a separate sheet of paper with the exact wording used in the original will to name the executor, except it has the new executor's name.

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  • Q:

    How do you probate a will after a death?

    A:

    To probate a will after death, the executor of the will has to file probate papers, prove the will is valid and supply a list of the deceased's assets and debts as well as the names of the inheritors, notes Nolo. The probate process is often time consuming and expensive.

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