As a legal expert with a focus on estate law, I can provide a comprehensive answer to the question of whether executors are required to follow the will. Executors play a crucial role in the administration of an estate after the death of the testator. They are responsible for carrying out the wishes of the deceased as expressed in the will.

The primary duty of an executor is to follow the will. This includes distributing the assets of the estate according to the instructions provided by the testator. However, this duty is not absolute and is subject to certain conditions and exceptions. An executor must act in good faith and exercise reasonable care, skill, and diligence in fulfilling their responsibilities.

In the context of a probate action, the executor's adherence to the will is essential. Probate is the legal process through which a will is proved to be valid or invalid. During this process, the executor is expected to present the will to the probate court and to administer the estate in accordance with the terms of the will.

If an executor fails to follow the will, beneficiaries have recourse. They can petition the court to intervene. The court has the authority to either **require the executor to carry out his duty** or to remove the executor from their position if they are not fulfilling their obligations. This is a safeguard to ensure that the testator's wishes are respected and that the estate is administered properly.

It is important to note that the executor's duty to follow the will applies only within the framework of a probate proceeding. Probate proceedings are necessary to legally validate the will and to oversee the distribution of assets. Without a probate proceeding, the executor's role and the enforceability of the will's directives may be less clear.

In summary, while executors have a duty to follow the will, they must also navigate the complexities of estate administration, including legal requirements and the interests of all parties involved. Their actions are subject to oversight by the probate court, which can intervene if necessary to ensure that the testator's wishes are carried out.

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In a probate action, an executor has a duty to follow the directives set out in the will. ... If the executor does not the beneficiaries can petition the court to either require the executor to carry out his duty or to remove the executor. This applies only if the is an actual probate proceeding.Apr 10, 2009read more >>