Does the Executor have to carry out the Will just as it is written?

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Does the Executor have to carry out the Will just as it is written?

My grandfather just passed away and his wife (not my real grandmother) said we have to sign a paper saying we (the potential heirs) give her permission to be executor of the Will. We are afraid she won’t go by what he asked for. My father passed 2 years ago so anything that went to him, would go to us?

Asked on July 18, 2011 under Estate Planning, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Sorry to hear about your grandfather and also your father.

The executor has to carry out the provisions of the Will as written.  Your grandfather's Will should have named an executor.  It would be advisable to look at the Will to see if an executor was named and if that executor cannot serve if an alternate executor was named.  If no executor was named in the Will and if the estate is large enough to go to probate, the court will appoint an executor.

If no executor was named and you and the other heirs do not want your grandfather's wife as executor, then she should not be appointed executor.


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