Successor Executor
A successor executor is the individual who will become a deceased person's Executor in the event that the person first designated is unable to do so.
Successor executors are named in a deceased person's Last Will and Testament alongside the primary executor; they are the backup in case anything should happen.
If the primary executor cannot fulfill their duties due to any reason, such as death, incapacity, refusal to act, or any other legal disqualification, the successor executor steps in to assume the responsibilities.
Key points about a successor executor include:
Estate Administration Authority: Like the primary executor, the successor executor has the authority and legal responsibility to carry out the wishes of the deceased as outlined in their will. They are tasked with managing the Estate, settling debts, distributing Assets to Beneficiaries, and handling all necessary legal and financial matters.
Confirmation by Probate Court: In order to act as the executor (whether primary or successor), the individual must first obtain formal approval from Probate Court before assuming the role.
It's advisable to seek legal advice from an Estate Attorney when creating a will and a Probate Attorney when Settling an Estate to ensure that state Probate laws are followed correctly.