What Happens If My Executor Passes Away Before Me?

You tried to do everything right when pre-planning for your funeral in Riverwood. You selected one of the best funeral homes in Sydney. You searched through funeral directors in Riverwood to find the place that you wanted your funeral and they helped you plan something that truly represents who you are. You even planned out your will and who your executor is. But what happens if your executor passes before you do? Read on to learn what you would do in this situation.

If the Executor Dies Before You

When you wrote your will, your executor may have been in good health, but in life things may not always go as planned. In your will, you can appoint a backup executor. What this does is assign your backup executor in place of the primary one. Then, the estate will be divided up as intended by the will. If you are still alive when your executor passes or falls in poor health or otherwise incapacitated, you should update your will accordingly with a new executor. 
 

If you do not have a backup and you did not update your will to have a new executor, the courts will determine who should have the authority to distribute your assets on your behalf. There are legal documents that need to be filed when someone passes away, no matter whether or not there is a will or a lot of assets. If your executor is found to be disqualified as your executor, then the court will go ahead and appoint someone in these situations as well.

Naming the Executors of Your Will

As you create your will, you need to really consider who you trust to be the executor and ensure that your wishes are followed. You should not only choose an executor, but you should also consider adding co-executors or any alternate executors in case something happens to one of your executors. This will protect you in case your executor dies before you do.

You should be aware that probating an estate can be a very lengthy process, which is why it may not be entirely unusual for an executor to die during this process. The court will then move to make one of the co-executors or one of the alternate options to take their place. If the court cannot find an executor that they deem qualified to be your executor within your circle, they may turn to other organizations that have experience in handling these matters. Having an executor that is capable of handling these duties is essential in making sure that your wishes are followed.

You want to be sure that things go as smoothly as possible after you pass, which means ensuring that you have an executor that can ensure your will is followed. It’s important that you keep your will updated so that if your executor dies that you either have a backup or you have a new executor to take their place. Otherwise, this can make the process more complicated than they need to be.
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