Executor With Power Reserved

State:
Mississippi
Control #:
MS-0664-WG
Format:
Word; 
Rich Text
Instant download

Description pa25 power reserved form

This document is a Petition to Close the Estate and Discharge the Executrix filed in the Chancery Court of a specified County in Mississippi. It details the process undertaken by the Executrix following the death of the decedent, including the probate of the Last Will and Testament, publication of notice to creditors, and requests for waiving inventory and accounting requirements. It outlines the claims against the estate, asset collection, legal services rendered, and the petitioner's request for closure of the estate and discharge from further obligations.
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FAQ

Can an executor appoint another executor? If they are unable to act temporarily, for example, they live abroad; it is possible to give a Power of Attorney to another person to act on their behalf. The executor can delegate the functions he/she has to carry out to the attorney.

In the context of probate, power reserved means the postponement of an executor's right to the grant of probate in a deceased's estate. It applies where one executor does not wish to assert his or her right to the grant at present but does not wish to relinquish it totally either.

If there are multiple Executors named in the Will, and one doesn't want to be involved in the Probate process, then they can choose to have Power Reserved to them. This is where the acting Executor issues a formal notice, stating that they will be taking out the Grant of Probate in their name only.

Power Reserved means the Executor will not be actively involved in the administration of the Estate, at that present time, however reserves the right to do this at a later date in the future.

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By renouncing their entitlement they are not named on the Grant of Probate. You can also have what's called 'Power Reserved' so that you're 'in the background'.On the death of the person who made the will, all property vests in his executor, even before he has taken probate of the will. After you've located their Will, you may choose to hire a lawyer to assist with closing the testator's estate. Executors obtain a Grant of Probate, from a section of the court known as the probate registry, which grants them the power to manage the estate.

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