When you perform a service for the court, be it as an executor, an administrator, or a conservator, you are paid a fee which, in California is based on a formula. For executors, administrators and conservators, it is based on a certain percentage of the gross value of the estate. So, the easy answer is, yes, they are compensated.
What If Someone Fails to Perform The Duties of Executor or Administrator?
If someone fails to perform their duties, those entitled to receive assets or family members of the decedent who are being protected by the court can file a petition in the probate court to have that person removed and a new person appointed. If the person intentionally failed to perform their duties or misappropriated funds, they can be held civilly and criminally liable as well.
What Happens If there is an Uncontested Will?
Most probates are uncontested; the real reason for the probate is that the decedent did not put in place a revocable living trust to avoid having all of their assets go through the probate system. The vast majority of probates are really straightforward, and no one fights about anything, so you just have to go through the procedural process to transfer the assets from the decedent to the beneficiaries.
Can I Handle a Probate Without a Lawyer?
Many people try to do probate by themselves but it’s not a great idea. I can easily change a light bulb, but I don’t mess with the fuse box because I really don’t know what I’m doing, and it’s the same thing when dealing with the law. Many people think they can do it themselves but when they actually try, they find out it’s not so easy.
When dealing in situations with probate and estate planning and there is a lot of money involved, that generally means there is a lot of liability involved. I always recommend to people that when dealing with this particular area of law, it is always a smart idea to be represented by an attorney who can lead you through the process and make sure that everything goes the way it’s supposed to go, so everything turns out great and you don’t have to worry about anything down the road.
What Happens When Someone Objects to the Will?
When someone objects to a will, they must have a reason. For example, they could claim the will didn’t represent what the decedent wanted to say because they weren’t competent, due to Alzheimer’s or dementia, or that they were coerced or forced into writing the will in some way/
When a will is contested, basically that means someone has filed an objection to a probate petition claiming there is something wrong with the will or they do not think the person seeking to be Executor or Administrator is the right person for the job. That objection is then litigated; it’s basically a lawsuit, and the judge looks at all the evidence and makes a determination whether or not the will is valid, meaning that this was the decedent’s last will, that they were competent, not under undue influence or fraud and expresses their true intent and appoints the appropriate person to serve as Executor or Administrator.
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