What if the executor named in the will has died?

Question

My mother's will names her brother as executor, but he died last year and the will does not appear to name a backup. If she died with the will written that way, would the rest of the will still work? Who would be allowed to administer the estate if the only person named as executor is already deceased?

Soradin · Accepted Answer

The alternate named in the will may serve, or the court can appoint an appropriate administrator. In the estate planning context, an executor can often decline before accepting the appointment and may be able to resign later with court approval. For this legal issue, the will does not force a person to serve, so naming a willing successor reduces delay. State law and the account documents can change the outcome, which is why the details should be reviewed by a qualified professional before a decision is made.

What if the executor named in the will has died?

Soradin

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