How does power shift if the executor dies?

1 answer | Last updated: Nov 09, 2016
A fellow caregiver asked...

If one co-executor is alive and the other is deceased, does the executorship shift to the deceased's siblings?


Expert Answers

Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City and KRLA in Los Angeles. He is a practicing lawyer specializing in estate planning and is admitted to practice before the United States Supreme Court. He's a public speaker and commentator who has appeared on many radio and television shows throughout the country, and he's the legal editor of Talkers magazine, the preeminent trade publication of talk radio. His latest book is The Truth About Avoiding Scams.

How the duties of an executor shift upon the death of a co-executor is primarily determined by the terms of the Will. Most commonly you will find that the Will indicates that in the event of the death of one co-executor, the other co-executor continues to act as the sole executor. However, some Wills may provide for the appointment of a specifically designated successor co-executor to replace the deceased co-executor. In any event, the authority as executor would not automatically shift to the deceased's siblings.