Who carries out the executor’s functions if no executor is appointed?
If no executor is named in the will, it becomes necessary to apply to the court, so that the court can appoint someone to administer the deceased estate. The court will have regard to the rights of those people who are interested in the real and personal estate of the testator when appointing an administrator. The court will appoint someone who has an interest in the residuary estate, but has the discretion to appoint someone else, if the circumstances warrant.
