This is the next post in our series on how to become the executor of an estate in Hartford, Connecticut. Our last article provided an overview of topics which this series will be discussing. It also stressed the need to retain an attorney to assist with the handling of probate. Retaining counsel can help to ensure that the process goes smoothly and that the executor avoids liability. In this article we will be discussing the process by which one is typically appointed to handle an estate. If you or a loved one are in need of assistance then contact our office today to speak with a lawyer.
The executor of a Connecticut probate will typically be an individual named in the will
Most estate executors are named in the deceased’s Last Will and Testament. This individual will begin the legal process by Petitioning the Court to open probate. This Petition will include a copy of the will as well as a request that the individual be named executor. As we discussed in our article on why Connecticut Courts must approve an estate executor, the named individual will typically be approved unless it is shown that they are incompetent. In this context, “incompetence” has a specific legal meaning. One who wishes to challenge the executor’s appointment must show an actual deficiency and not that they simply disagree with the individual. For these reasons, the individual named in the will is typically going to be appointed as the executor.
There are several reasons why the executor may be someone who is not named as such in the will. First, the named executor may choose to decline the appointment. The reasons for this are understandable. The individual may have been named as the executor without being consulted by the deceased. Also, serving as an executor is time consuming and many individuals have busy lives which do not allow them to devote the necessary time to the role. A second reason why the named individual may not be the executor is that the will is out of date. If, for example, the proposed executor has passed away, or can no longer be found, due to the will being old, then the Court will need to appoint someone to the role. In situations such as these, the Court will appoint someone to the role. This person will be known as an “administrator” and will serve in what is essentially the same role as an executor.
If Hartford heirs challenge the validity of the will, then the appointment of an executor may be delayed
There are several reasons why the heirs of an estate may choose to challenge the validity of a last will and testament. They may claim that the will is fraudulent, that it was signed under duress, or that it was not properly executed. Before the Court can begin probate, and appoint the named individual as executor, it must first be determined whether the will is valid. This can lead to a delay in the process. If the will is found to be invalid, then the deceased will be considered as having died “intestate” and the Court will appoint someone to administer the estate. How the Court will rule in any such situation will always depend on the specifics of the case and it is important that you retain an experienced attorney to assist you.
If you require assistance, then contact our office today to speak with a Hartford probate lawyer. Our firm is dedicated to helping those in our community and we take pride in the level of service which we offer. This includes promptly responding to phone calls, quickly replying to emails, and ensuring that we are available to answer your questions. Contact us online or by telephone today to schedule an appointment. We also service the Connecticut areas of Wethersfield, New Britain, Bristol, Rocky Hill, West Hartford, East Hartford, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
