What happens if the Executor named in the will has died or is otherwise unable to act?
A substitute Executor is usually named in a will. If a second choice was not named, someone, usually a beneficiary, can petition (i.e., ask) the Surrogate’s Court to be appointed as the personal representative of the estate. In this situation, he or she will not be called an Executor, but rather an “administrator c.t.a.”.
