Who has the right to choose an executor or personal rep of an estate if named executor cannot serve because of incapacity?
3 attorney answers
You are your mother's next of kin so you would have priority. Take it. Your cousin as a beneficiary would be next in line. Your aunt and your father would lose out to either of you. Get an attorney to file a Petition for Probate for you.
An Executor as well as a Successor Executor is normally nominated in a Will but where there is no Will, or where the Will is silent as to a Successor, it is the court who formally appoints an Executor after a noticed hearing.
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Probate Code Section 8460 sets forth an order of whom the Court will appoint for a personal representative if someone dies without a Will. I think the same order will be followed, but it will be the Court’s decision.