You’ve gone through the estate planning process with an estate planning lawyer. You have a last will and testament in place, and your primary pick for an executor is the perfect person for the role. But then the unthinkable happens. Your first choice passes away (or becomes incapacitated). What not? What should you do if your executor dies? Well, that depends.
Do You Have an Alternate Executor Named?
Generally speaking, when you create and execute a will, you will likely name several people as potential Executors in successive order. Primary, then Alternate, then Second Alternate, etc., for as many individuals or entities (corporate fiduciaries) as you deem appropriate. Some people have many people named, and some people have few (or only 1).
When the primary executor dies, the alternate executor will then become the primary, and the second alternate will become the alternate, by operation of law. Nothing else is generally needed to be done from a legal standpoint. If a named executor dies, the person named after them simply moves up in order.
Have Your Intentions Changed?
However, if your intentions have changed (you no longer want the alternate to be involved) or if you only named one Executor, you’ll want to revise your plan. Death is a great reason to reevaluate your estate plan, and the death of such an important fiduciary definitely warrants a review.
What if the Other Named Executors Are No Longer Interested?
The death of the primary executor can make your alternates reconsider their commitment to carrying out your plan after you’re gone. It’s important to determine, somewhat frequently, whether or not your important named people (like Executors) are still willing to play a role in your plan. If not, a revision to remove them will be very important.
Author Bio
Paul Yokabitus
Founder & Estate Planning Lawyer
Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons.
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How We Help North Carolina Families
Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan.
I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line.
After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning.
We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe.
The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did!
Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm.
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