Can an executor make decisions without court approval?

In West Virginia, an executor can make decisions without court approval in certain cases. One example is when the estate includes assets that do not need to be managed by the court because their value is low or the distribution is straightforward. Generally, if an executor is making decisions or taking action that will not have a significant financial impact on the estate, they can do so without court involvement. However, if an executor needs to make decisions that will affect the estate’s financial situation, they must go through the court for approval. This includes decisions regarding investments, liquidating an asset, or making a large gift or loan. In these cases, the executor must file a petition in court asking for a judge’s permission. The executor may also be required to provide financial documents or other information to support their decisions. It is important to note that even if an executor has the authority to make decisions without court approval, they must still act in a way that is in the best interests of the deceased’s estate. The executor must always keep the estate’s beneficiaries in mind and make decisions that are in line with the deceased’s wishes. Violating probate laws or acting against the wishes of the deceased can result in serious legal consequences. Therefore, it is important that an executor consult with a qualified probate lawyer before making any decisions.

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