Rules In An Estate If The Executor Died

Who is in charge of the will/estate if the testator & executor are both dead?

Wills and estates are complicated, and the people who make them and act as executors must be aware of any possible complications. Some families have a designated backup executor if something happens to the first one. But what happens if both the testator (the person making the will) and the executor die?

In this situation, the estate goes through probate. The court system must appoint an administrator of an estate to take over for the deceased executor, just like they would appoint someone to take over if an executor were to die before a will is executed.

The administrator's job is to make sure that all affairs related to the will are settled according to the wishes of the deceased, including paying taxes and debts and dividing property between beneficiaries. It's also their job to distribute assets following instructions in a will.

Preparing A Will

When a will is written by someone who passed away, it often names an executor of the estate tasked with carrying out the will's provisions. The executor is the person in charge of ensuring that the decedent's wishes are carried out. The most common reason to name more than one executor is so that if one or more of them dies before the person who wrote the will, someone else can step up and fill their place.

Another way to prepare for this possibility is to make sure that there's at least one other person who knows about your will and can step in as necessary. Once you've done this (and made sure that it's clear how to contact that person), you'll want to make sure you have a backup plan for what happens in case this backup plan dies too.

Estate Attorney Free Consultation

If you have any questions or in need an Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.

We help you with Estate Planning, Wills, Trusts, Power of Attorney, Health Care Directive, Estate Administration, Probate and More

Parklin Law - Estate Planning

5772 W 8030 S, # N206

West Jordan UT 84081

(801) 618-0699

40.605070, -112.027530

https://parkin-law.business.site/

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

Location: Hooper, UT, USA

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