PROBATE MYTH NO. 5 AS THE OLDEST CHILD, I AM ENTITLED TO BE THE EXECUTOR OF MY PARENT’S ESTATE
Just because you were always the responsible one-or just bigger and able to push your little siblings around-doesn’t carry any weight when it comes to serving as the executor (personal representative) of a deceased parent’s estate.
If the deceased person named an executor in his or her will, the court will appoint that person unless there’s a very good reason not to. (Reasons include a felony conviction or a disability that makes it impossible to do the job.) If there isn’t a will, or the person named as executor in the will cannot or does not want to serve, then the court will appoint someone. But sibling order isn’t a factor courts take into account. Instead, the court looks to state law, which sets out a priority list for who the court should appoint. In most states, the surviving spouse (or registered domestic partner or civil union partner, in states with those options) is first in line. Then come adult children.
If more than one child wants to be executor, they can agree to act as co-executors, but that’s often a situation that can lead to family friction. It’s often better if siblings agree that one of them will serve as personal representative, and will keep the others well informed about the probate court proceeding.
Tip: If you think you should be the executor, talk to your parents about naming you in their wills. Or if you’re a parent making your will, name the child you think is most responsible and conscientious; don’t name all your kids unless you truly think it’s best for of them to serve as co-executors.
Ref: Mary Randolph, J.D., Nolo
Kindly visit our Probate & estate Administration website or Trust & Estate Planning website or contact one of our Estate Attorneys, Philadelphia or Probate Attorneys, Philadelphia for more information on this topic.