After an estate has closed, does an executor’s “authority” end?
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After an estate has closed, does an executor’s “authority” end?
I have recently been contacting by a lady who served as the executrix of her father’s estate. She is claiming I was indebted to him before his death, however, I was not. I have contacted the clerk of court in the county where she filed her father’s probate, and discovered she closed the estate 7 years ago. My debt was never mentioned in the paperwork as a debt owed the estate, and the estate was open for several years. She claims to have just recently learned of my alleged “debt”. Since the estate is closed, did her authority end or does she have to re-open the estate and be re certified as executrix before commencing legal action against me?
Asked on January 19, 2013 under Estate Planning, Nevada
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
The executor's authority ends when the estate closes by a final order of distribution from the court. Tell her to stuff it, as she has no legal ground to stand on to reopen the estate. If she does, you will need to obtain legal counsel to represent you to file opposition paper and to seek attorney fees and costs from her for the cost of your representation.
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