Legal Question in Wills and Trusts in New York
executor of will
my dad passed recently and I was the executor of my parent's wills. My brother looked through them and thought he did not see my name on as executor. Can you have a will without an executor? Wouldn't it go in to probate? Cannot imagine my Dad ever doing this-he was pretty sound when he died.
2 Answers from Attorneys
Re: executor of will
A Will can only be submitted for probate by the named Executor. If no Executor is named, which is highly unusual, different proceedings may be required. If you could get me a copy of the Will, I can check it and assist you better after I have read it.
Re: executor of will
A Will should name one or more executors, but it is possible that the executor's name was left out inadvertently. Even if the executor provision is missing, the Will may still be admitted to probate. Instead of a probate proceeding, the proceeding would be an Administration, c.t.a. One or more beneficiaries named in the Will may petition to be appointed Administrator, c.t.a.
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