Do I need to set this for oral hearing or by submission?
- If the successor executor is named in the will, and the application is not contested, you do
not need to set oral hearing and it may be heard by submission
- If a co-administrator/executor passes away, section 240 provides for succession of
surviving co-administrator without court order, however if want to re-issue letters to just
name the surviving administrator must file motion and court will hear it by submission
Is posting of Successor Application necessary?
- No posting is necessary if the will provides for the successor to be appointed, however
need to file an affidavit signed by successor attached to the application that states they are
not disqualified from serving as such.
- Upon Resignation/ Death of First Executor
When do I need to re-post for an amended application?
- Applicant or Appointee is different
- Name of the Decedent is different
- Type of administration is different- if posted as independent and amending to dependent,
do not need to re-post
- Any material change in your amended application
Requirements when sole executor appointed seeks to serve as co-administrator with
successor appointee
- Need limited partial renunciation to serve as sole in favor of serving as co-administrator
for so long as co is able and willing to serve
Requirements if first named executor does not want to or is not able to serve:
- If the first listed executor does not want to or cannot serve, must file notarized declination
to serve
- If the first listed executor will not or cannot sign declination, must serve first executor
with application, declination and file return of service