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How is a will to be executed, if you have no one (no "executor")?
Have been thinking of this subject for quite a while.
Just as there are a few medical-professional members here on the blogs, maybe too there are a few from the law profession?
Just curious. Â What is the deal when someone dies? Â How is it that the lawyer holding the certified will is notified that: Â he/she now needs to take it out of the safe, and bring it to the attention of the beneficiaries? Â Is it required that there be a related "executor" (a creepy word!) to notify the lawyer, and that's how it all happens post-death?
What about a self-cocooned person, who has no biological family who wants a thing to do with him;  who also has no friends, save for a few persons who are 5000-6000 miles away on a separate continent, and those few he values too much to want to burden them with this legal "authority" — not to mention, anyway, they speak a different language, and wouldn't have the first idea about what to do....
Is the hermit just screwed? (And the state claims most of the money/property, unless there are dependents.  What if there ARE no dependents?)  Or, are there legal means by which 2 hermits could, via an attorney / solicitor's help, agree to become each other's "executor"?  (And, you're now seeing that that method would work only "halfway" anyway, sure it's fine when the first person croaks, but then the 2nd person is fucked upon that death regarding his own "wishes" ruining his own plans.) Â
Can attorneys / solicitors THEMSELVES, be declared (for a fee) the EXECUTOR of your "estate"?
Any information would be appreciated.
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As has been said below, states differ; the info re intestate Probate is good. I drew up a Last Will and Testament in collaboration witth an attorney; this is not required in most venues, but it is a good idea. In the LWaT I named an Executor and an Executor Agent (check this out for your situation) and a short list of general instructions for the Executor. Then, my attorney took it in her hot little hand to the District Court, where it was filed (forever?) and notarized copies made. I kept one, and sent others to the EX and ExAg. The LWaT was simple; it mentioned leaving the set of detailed instructions to the Executor on a list (posted on my refrigerator.) In absence of the list, the Executor is absolutely empowered to decide who gets what. Finally, I assigned a legal Pay Upon Death notice at the bank (no other legal action required) to give the Executor one of my checking account balances, to pay him for expenses and troublesome effort. Obviously you need a trusted person to be your Executor, and he or she must agree to do this. Check out your state's requirements; an attorney would let you know the details, probably at no charge for a short consultation. I am glad I used an attorney; well worth it.
As Bendy points out, estate and probate laws will vary from state to state and country to country. In Michigan you designate any adult as your executor (Personal Representative) to see to the wishes in be will being carried out. If no one has been appointed or the appointee is unavailable to carry out those duties, the Probate Court will appoint one. If you are intestate (no will) the Probate Court will appoint someone to deal with claims against your estate (bills, heirs, etc.), and the Court will decide the distribution of any unclaimed funds. Note: At no time should intestate be confused with impotent, which would be pretty much irrelevant after your death.Â
I imagine in the states it would differ, state to state as it does in the UK, in Scotland the law is not the same as it is in England. I was my fathers executor and my sister was my mothers executor. We both hired the same lawyer. My mother left a will while my father did not. My sister and I both could have decided not to be executor and handed that responsibility to someone else, they had to agree to the duty of course.