Section 12. (a) The person named in the will as personal representative or trustee shall be entitled to serve, if qualified, as personal representative or trustee.
(b) If a qualified person is not named in the will as personal representative, or the named person is incapacitated, unwilling to serve, or dead, and a qualified alternate is not named in the will, priority for appointment as personal representative is determined by the law of the state of decedent's domicile at death.
(c) If a qualified person is not named in the will as trustee, or the named person is incapacitated, unwilling to serve, or is dead, and a qualified alternate is not named in the will, the personal representative may appoint, without court approval, a qualified person, including a person serving as personal representative, to serve as trustee.
(d) If a personal representative or trustee resigns, is removed, becomes incapacitated, or dies, the surviving spouse or, if there is no surviving spouse or the surviving spouse is unable or unwilling to act, a majority of the adult children of the testator, may appoint a qualified successor personal representative or trustee.
(e) In all other cases, personal representatives and trustees shall be appointed by the court.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
