If the executor of an estate also passes away before all matters with the estate are settled, can their surviving spouse act as executor on behalf of the deceased spouse?

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If the executor of an estate also passes away before all matters with the estate are settled, can their surviving spouse act as executor on behalf of the deceased spouse?

Asked on May 1, 2013 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, no--the position of executor is not inheritable and is not marital property. If the will designates a back-up executor, that person would then become the executor; if it does not, then the probate court will appoint someone to fulfill those duties.


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