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Personal representative question
Old 05-20-2013, 01:21 PM   #1
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Personal representative question

If you have a will, but the person who you list as your personal representative (or executor) is either deceased or not available, does the court assign your personal representative? Are there any general guidelines for this or does it depend on the state? Just curious as I need to update my will.
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Old 05-20-2013, 01:34 PM   #2
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Our wills appoint an executor and specify backups.
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Old 05-20-2013, 01:38 PM   #3
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If you have a will, but the person who you list as your personal representative (or executor) is either deceased or not available, does the court assign your personal representative? Are there any general guidelines for this or does it depend on the state? Just curious as I need to update my will.
You need to assign backup executors, or the court will assign one. Typically it will be immediate family, but I have seen others assigned.
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Old 05-20-2013, 02:46 PM   #4
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If you have a will, but the person who you list as your personal representative (or executor) is either deceased or not available, does the court assign your personal representative? Are there any general guidelines for this or does it depend on the state? Just curious as I need to update my will.
What the lawyer I used did is to set up a bank or trust company as the fail safe executor in case the persons named can not. He does not name any one bank, but rather provides that any bank with a defined set of characteristics will qualify. That represents a good final backup as there will always be some bank in the area with a trust department able to take on the function (for a fee but...)
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Old 05-20-2013, 04:56 PM   #5
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Our wills appoint an executor and specify backups.
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