If There Is No Will Or It Was Left Out Of A Will, How Is The Executor Determined?
If there is no will or it was left out of a will, how is the executor determined?
When a will is executed, the person who drafted it usually lets the family know who will be appointed as the executor of their estate. If that person passes away without having drafted a will, however, the law in most states will dictate who ends up being responsible for executing the deceased's affairs.
Your executor is your legal representative when you die. They have to deal with all of the various things that come up when someone dies: notifying beneficiaries, paying off debts, handling tax issues and distributing property. Generally, this is someone you trust and would have chosen yourself—someone who has good organizational skills, who can keep track of where things are and can keep a level head under pressure.
If no one has been named as an executor in a will or if the person mentioned in a will hasn't passed away yet and there's no other information about who should be responsible for carrying out those duties, there are laws to guide people through the situation. The order in which people are appointed as an executor depends on state law. In some places, it's left to the court to appoint someone—and this is usually done based on how closely connected they are to your family members—the closer they are to them, the more likely they'll be put as an executor.
If you need a Will and Inheritance Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
