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Naming an Executor if No Will Exists

Naming an Executor if No Will Exists

Posted by Chris Peterson | Jan 12, 2016 | 0 Comments

Naming an Executor if No Will Exists

Naming an Executor if No Will ExistsRegardless of your age, it is important that you and your Bryan probate attorney create a will. This is especially the case if you have a spouse or minor children who are dependent upon you financially. The naming of an executor is one of the facets of a will.

Dying Intestate

If you do not create a will before your death, the probate court will consider you as having died intestate. Intestacy creates a number of problems. For one, your wishes for who inherits your estate and who you name as executor may not occur. The probate judge will need to make a judgment on these matters. Therefore, in the absence of a will the probate court will name the executor of your estate.

The executor's duties are of great importance. It is important that the individual who is named is of sound character and is physically and mentally capable of meeting these duties. Generally the spouse of the decedent will be the first person the probate court will consider. However, if the spouse is not entitled to inherit a portion of the estate, the probate court will next consider naming an adult son or daughter of the decedent.

If the spouse cannot serve in the position and the decedent did not have any children who have reached majority status, the probate court will make a determination of who would be most suitable as executor. It should be noted that the probate judge is not bound to the guidelines mentioned. The judge will take into consideration the character of the person to be named. This individual cannot be a convicted felon, and must be of sound body and mind. Moreover, the named executor must either be a resident of Texas or arrange for an agent to receive legal documents. Finally, the probate judge may consider other criteria in the naming of the executor.

Make Sure to Create a Will

It is very important that you create a will so that your wishes will be followed in the naming of the executor and beneficiaries. You should consider hiring a Bryan probate attorney to assist in setting up your will. Call Peterson Law Group to arrange a consultation at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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