Waconia, MN asked in Estate Planning and Probate for Minnesota

Q: Who becomes executor when the executor passes after probate?

A father dies, he names 1 of his 4 children as the only executor. The estate owns property that produces income annually. Years later, the executor dies. The executor is survived by his wife and 2 children. Does it go back to the courts? Or does one of the survivors from the executor take over?

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1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: A Family Member that wishes to run the Estate Assets needs to file a Motion for Appointment in the same Probate Court and Docket Number the Will was filed in.

If no Probate, then the Heirs owned all along, which now include the deceased's Heirs. All of the Heirs could declare the property in Trust and have a Trustee run it. There are many ways your property can be managed. Hire a competent MN attorney.

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