What happens if the executor is not available or willing to act?

If the executor nominated in a will is unable or willing to act, the probate court will typically appoint an alternative executor to administer the estate. 

The court will usually give preference to a person or entity named as an alternate executor in the will itself or to a close relative of the deceased person. If someone other than an executor is nominated in the will acts, they are considered an Administrator with Will Annexed.

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