Legal Question in Wills and Trusts in Florida
Executor's Death
Who becomes executor of a will/estate if the named executor is deceased? Does it legally pass to one of the heirs and if so, how is it determined who shall be that executor if there is more than one heir named in the will?
3 Answers from Attorneys
Re: Executor's Death
No. If no successor was named in the will, a new PR must be appointed by the court.
Re: Executor's Death
Florida Statute 733.301 speaks to preference in appointment of personal representatives. You may also want to read sections 733.302 - 304 for more information on who may serve. You can link to Florida Statutes through my webiste at www.flprobate.com or find the statutes elsewhere on the web for more information.
Re: Executor's Death
The statutory law does not seem to address this issue directly. By analogy, when a Personal Representative (or Executor) is removed, the probate court can name a substitute, with reference to the statutory preferences in appointment of a personal representative. Whether or not there is a will can impact such a decision.
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