Can an executor make decisions without court approval?
Yes, an executor can make decisions without court approval in North Carolina. An executor is an individual appointed in a will or court order to manage the estate of the deceased person. The executor must follow the instructions of the will and manage the estate according to the wishes of the deceased. In North Carolina, an executor can manage the estate without court approval as long as the decisions he or she makes are consistent with the wishes of the deceased. The executor is allowed to distribute assets and settle debts, handle tax returns, and make decisions regarding assets in the estate. However, if the executor wishes to sell property, mortgages, or other assets, then he or she must get court approval. The executor is also required to request court approval before distributing assets to heirs or beneficiaries if there are discrepancies between the wishes of the deceased in the will and the actual assets of the estate. An executor should be aware that any decision he or she makes without court approval can be challenged in court. Therefore, it is a good practice for an executor to discuss major decisions with an estate attorney before proceeding.
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