What happens if a will executor is dead or incapacitated

| Sep 23, 2020 | Blog, Estate Planning |

When a Texas resident dies, the executor named in their will is responsible for paying bills and taxes and distributing assets according to the terms outlined in the will. However, in some cases, the executor might pass away before the will holder. If no one else is named in the will, the court may appoint another individual to be the executor.

How will the court choose another executor?

If the executor named in the will is dead or otherwise incapacitated, the court will look for an alternate executor that was named in the will. If no one else is named, the court will nominate a person to serve as the executor. They might appoint a family member or an attorney with experience in estate planning.

How should an individual choose an executor?

When choosing an executor for their will, an individual should choose someone who’s relatively young and healthy and unlikely to die within their lifetime. They should also choose an alternate or co-executor to take over in the event that the first executor dies or becomes incapacitated. Potential nominees can include a spouse, child, close family member or trusted attorney. If the executor dies within their lifetime, the will holder can update the document at any time with a new appointee.

Where to go for assistance with estate planning

When writing a will, choosing an executor and drafting other estate plans, an individual might find it easier to consult an attorney. The attorney might be able to help them write legally-binding documents like wills and trusts, and help them name someone for power of attorney. The attorney might also help them figure out how to divide up their assets and deal with questions of medical assistance and child care. Additionally, the attorney might help them name an executor.