What If A Person Dies With A Will And Both Executors Are Deceased?

Video Summary

What happens if a person dies with a will and both the executors are deceased? In that instance, the beneficiaries, the majority of the beneficiaries need to agree on who should be the personal representative. If that is not possible, then any one of the beneficiaries or any person that's qualified to be a personal representative can file a petition to be appointed the personal representative and give notice to all the other interested parties. And if no one objects after they give formal notice which I believe is about 20 days, well then the court would then appoint whoever has petitioned for it.

If there is objection, well the court would then have a hearing to determine who would be appointed as the personal representative. So that's how you resolve it whenever both the designated personal representatives are deceased. If we have an estate where the personal representatives do not act, whether they're deceased or just not interested or don't want to pay the attorney or anyone else, you can petition the court to have a curator appointed until such time as a personal representative is appointed.

The curator's job is to maintain the estate and status quo by publishing the notice to creditors and administering the estate until a personal representative or may complete the administration of the estate whenever a personal representative has not been petitioned to be appointed.

If you have a problem with probating an estate and you've got deceased personal representatives or executors, well give me a call and we'll be glad to help you out. Call at 727-847-2288.