Can an executor make decisions without court approval?
In New Jersey, an executor of an estate is the individual responsible for carrying out the wishes of the deceased as expressed in a Will. Decisions made by an executor do not always require court approval. In some cases, the executor can make decisions without the involvement of a court. To make a decision without court approval, the executor must determine whether or not the decision is within their authority as granted by law. Most of the decisions that an executor is allowed to make are administrative in nature, such as paying bills, collecting debts, distributing assets, and filing applicable tax returns. These actions do not require court approval, and the executor can take them without any further involvement of the court. In some cases, however, court approval is required even if the decision is within the authority of the executor. This is especially true in cases where the executor needs to dispose of assets that are not specifically mentioned in the Will, or if they have to sell real estate. Additionally, if the executor has to make any decisions that could potentially affect the interests of any beneficiaries, they will need to receive court approval before taking action. Overall, the general rule is that an executor can make decisions without court approval as long as they are within the scope of their authority. Decisions that require court approval are typically more complex and involve activities that could potentially affect the rights and interests of the beneficiaries of the estate.
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