When a person passes away, the court appoints an executor or administrator to manage their estate. This individual is responsible for collecting the assets, paying off debts and expenses, and distributing the remaining estate to the beneficiaries. But what happens if the executor dies before the person who created the will?If the executor named in the will dies before the maker of the will, then the alternate executor may assume the role of executor. When applying for legalization, the alternate will have to prove to the court that the executor named in the first place has died.
If there are co-executors, then the remaining one can serve to terminate the case. If there are no co-executors, then it is up to the family to decide who should take care of the property. The court may need people who witnessed the decedent's signing of the will to sign a statement. If there are no objections, then they will approve the petition and appoint a personal representative.
If you die before taking any corrective action to appoint another executor before your death, then the court will have to appoint a personal representative to manage your estate in the legalization after your death. It is almost always better to name an executor in your will than to have the court appoint a personal representative, because you can choose who you want to be your executor. If all of the named executors have died before you, then the beneficiary or beneficiaries who receive the largest proportion of your estate are likely to have the right to manage it. In addition, if you name an executor in your will, they can request legalization of your estate and the court can quickly administer “probate letters” which will authorize them to carry out administration of your estate. It is important to visit an estate attorney and plan your will at an early age so that you can avoid any complications if your executor dies before you do.
By appointing a successor executor or co-executors, you can avoid any delays or difficulties that may arise from having to appoint a personal representative.
