When a person passes away and leaves behind a will, the estate executor or personal representative is responsible for managing and distributing the assets according to the terms of the will. The individual who creates the will is known as the testator, and they appoint the executor to carry out their wishes. However, there are instances where there is no designated executor, and the probate court steps in to appoint one. Let’s explore the scenarios where an executor is not specified during probate.
When There is No Designated Executor in the Will
Typically, individuals include the name of a trusted person in their will to serve as the estate executor. In some cases, a second executor is also designated as a backup. However, a will does not always need to specify an executor by name as long as it provides clear instructions on who should fulfill that role. For example, if a will states that the oldest child should act as the executor, the court can determine the intended executor even without a specific name.
Probate and Court Appointed Executors
In certain circumstances, the court appoints an executor when the named executor in the will declines the role and there is no alternative named. This can also occur when a testator fails to designate an executor in their will or when someone passes away without a will. In such cases, the probate court selects a suitable individual to handle the estate.
Independent Executors
Some states allow testators to appoint independent executors in their wills. These executors have the authority to manage and distribute the deceased’s estate without court intervention.
If a testator has not named an executor in their will or has passed away intestate, the probate court will appoint an executor to oversee the estate. The order of priority for individuals entitled to apply for probate in such cases includes the trustee of the residuary estate, residuary beneficiary, personal representative of the residuary beneficiary, legatee, and decedent’s creditor.
In situations where multiple individuals are entitled to be the executor, any one of them can apply for probate without notifying the others.
Probate – Conclusion
Executors may decline their position due to the significant responsibilities involved. Whether appointed by the court or named in the will, the executor is responsible for contacting beneficiaries, creditors, and inventorying the deceased’s assets to settle debts and distribute remaining assets according to the will. Understanding these processes is crucial when creating your own will.
