Court appoint an executor if a will doesn't mention an executor


In the paragraph (below, I had read it online), how will the court come to know about where the will is if the testator has not appointed any executor. "The testator is allowed to choose any competent adult to serve as executor, and most wills appoint an executor of the estate. However, if the will does not mention an executor, the probate court will appoint someone to be the executor". (I am a Muslim, but would like to know as per Indian Law)

Answers (3)


290 votes

Yes the court appointed executor if it is not maintained in the will . The court may appoint any near by relatives as executor and if no one der then the court may appoint any court person as the excutor


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223 votes

Yws honorable court can appoint an executor for execute will for the benefit of beneficiary. Holder of will can file an application in the honorable court for appointment of executor

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74 votes

Hi. If the testator has not appointed an executor in his Will, then any of his legal heir can make an application to the court to appoint an administrator. Such an application is known as Letters of Administrator with Will annexed. Thus the court will grant a letter of administration to the person who made such application for grant of letter of administration. The other legal heirs will have to give their noc for grant of letter of administration to the legal heir who made the application. Once granted, the administrator can meddle with the properties of the deceased for its proper care and management. However if he wishes to sell any property of the deceased, he will have to first obtain permission from the Court. The same procedure also applies to Muslims.

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