In an estate case, the court appoints an executor (if there is a will) or an administrator (if there is no will) as a personal representative to collect the assets, pay the debts and expenses, and then distribute the rest of the estate to the beneficiaries (those who have the legal right to inherit), all. If your executor dies before you die, you are still alive and have the ability to amend your will to appoint a new executor. The problem is that you cannot know if you will survive your executor or, if you do, for how long. The notice should also be published in the newspaper where the decedent lived to inform creditors about the hearing.
The notice gives all notified persons an opportunity to object to the admission of the will and the appointment of the personal representative. Sometimes, the Court will need people who witnessed the decedent's signing of the will to sign a statement. If there are no objections, the court will approve the petition and appoint the personal representative. Sometimes a will names an executor.
If the executor named first 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. This has happened to me before.
You ask the Court, on an ex parte basis, that the co-administrator or co-executor has died and that amended letters be issued showing that the surviving person is serving alone. It's a little more complicated if the executor or administrator dies when they were acting alone. So it's up to the family to decide who should actually take care of the property; from a logistical point of view, it's best if only two of them do so. In that case, when you die, you will have no executor and the court will have to appoint a personal representative to manage your estate.
Please note that this is the order of priority for the decedent's first or principal estate and NOT the order of priority for the deceased personal representative's estate. If the executor of a will dies before the person's estate has been distributed, the responsibility for requesting the succession lies with another person. If you die before taking any corrective action to appoint another executor before your death, the court will need to appoint a personal representative to administer your estate in the legalization after your death. If you have a will without naming an executor, or if you name an executor in your will but your executor dies before you, you should take the opportunity, while you are alive, to modify your will and appoint a new executor.
In addition, if you name an executor in your will, the executor can request the legalization of your estate and the court can quickly administer “probate letters,” which will authorize the appointed executor to carry out the administration of your estate. In these circumstances, the court faces the same problem: the lack of an executor capable of carrying out the administration of the estate. It is almost always better to name an executor in your will than to have the court appoint a personal representative, because you, instead of the court, will be able to choose who you want to be your executor. If you don't have a will, or if you have a will but don't name an executor, the court will appoint an executor, also called a “personal representative” or “administrator”, to take charge of your estate.
Since it's a good idea to visit an estate attorney and plan your will at an early age, there is a possibility that the executor named in your will dies first or may not be able or unwilling to perform this function. If the principal executor of the will dies before the maker of the will, the backup executors will generally serve as executors once the maker of the will dies and the estate will be managed as usual. Once issued, the lawyer for the deceased executor will be responsible for delivering the property and preparing an accounting of the estate to the newly selected executor. By appointing a successor executor or co-executors, you can avoid the delay and difficulty of the court having to appoint a personal representative to manage your estate.
Similarly, your executor could die after you, but before your estate is properly legalized and managed. If all the named executors have died before the deceased, the beneficiary or beneficiaries who receive the largest proportion of the estate are likely to have the right to manage the estate. . .
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