Legal Question in Wills and Trusts in Iowa

Re: Executor of a Will

An executor is someone named in the will to be the non-lawyer administrator of the estate in probate. Usually a will appoints alternative executors if the first person named for that position cannot or will not serve.

However, it sometimes happens that none of the executors named in the will can or will serve and it sometimes happens that a person leaves an estate with no will--or the will is lost. In that case the court appoints the equivalent of an Executor called an Administrator.

Nevada law sets forth which relatives have priority in being appointed administrator if they apply. The administrator must be a Nevada resident or must bring in a co-administrator who is a Nevada resident.

If a person dies without a will Nevada law sets out which relatives should get the property.

A will can say that the Executor can serve without bond. An administrator either has to get a bond or work with an attorney who will closely supervise the money. Therefore an Executor who is listed in the will as being able to serve without bond can work with less supervision. This can be a good or bad thing.

Even if the Executor is named in the will, the person must apply the probate court for permission to act in that capacity.