What happens if the executor of a will dies?

If the executor of a will dies before their responsibilities are fulfilled, the duty to carry out the wishes of the deceased will fall to another person. In California, the court may appoint a successor executor to take over the responsibility. This successor is usually the person named as the second executor in the will or the alternate executor, depending on the situation. When there is no alternate executor or the deceased has not named a successor, the court will appoint an administrator to complete the duties of the decedent’s estate. The court will typically choose the closest relative of the deceased, such as a spouse, parent, or adult child. This person must then be approved by the court to take on the responsibility of administering the estate. The administrator has the same duties and responsibilities as the originally appointed executor. They must collect and value the estate’s assets, pay any outstanding debts and taxes, and then distribute the estate as outlined in the will. They must also provide documents to the court regarding the distribution of the estate. If the executor dies before their responsibilities are fully completed, the court can continue to oversee the completion of the estate. If the administrator fails to fulfill their duties, they could be liable for any losses that occur or actions that are taken without their knowledge or consent. It is important to note that the decedent’s wishes must still be followed, regardless of who is administering the estate.

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What happens if the executor of a will dies?

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