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Why do you still have to be appointed the executor of someones estate when you are already named in the will?


My sister passed away 2 months ago and in her will she named me as the executor of her estate. I started the process about a week after she passed with her attorney who drafted the will. Within that same week I gave him all documents that he needed to start the process. It was a week ago that I finally signed all neccessary paper work to petition to serrogate court to be named the executor of her estate. Now I am told it will be another 2-3weeks before I am actually named. My attorney states this is a "hurry up and wait process". I realise the whole probate process can take a long time however I am growing very impatient in just trying to get named the executor. I am just wondering if this is a normal process when I have already been named in the will as the executor and no one is contesting it. I don't seem to get the answers I am looking for from my attorney. Someone please help!!!

The court has to process the will. Just because you are named in the will doesn't mean that the will is valid, that there are no other wills or that the will won't be contested. Once the court accepts the will, it will name you as executor. In the end, it is the court, and not the decedent, that really names the executor, although the court will almost always go along with the executor named in the will.

What's the hurry? It has to be acknowledged by the court so you can dispose of the assets, like her car, house, stuff like that. You can't change titles and deeds with a will. sorry for your loss. I don't know what I would do without my sister.

Sit tight. The wheels of legal process turn sloooowly.

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