If my father had assigned an executor to his Will but they died before the probate was finished, what should I do next?

UPDATED: Sep 30, 2014

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If my father had assigned an executor to his Will but they died before the probate was finished, what should I do next?

The process was nearly completed, excluding a few items involving a house and mineral rights. Recently the executor passed away.

Asked on September 30, 2014 under Estate Planning, Louisiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your father.

Since the executor is deceased, you can petition the Probate Court to appoint another executor.

Prior to petitioning the court to appoint another executor, check the Will and see if there is a provision for naming another executor or if an alternate executor has been designated in the event the original executor was unable to serve.

If the Will is silent regarding appointment of an alternate executor, file a petition with the Probate Court asking the court to appoint an executor.

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