If there is not will then who is the executor

 If there is not will then who is the executor

The important factor of making will is to choose someone as your executor, which is also known as a ‘personal representative’ in some countries. Executor is a person who will inherit your properties after you die. The executor will take care of your money after your death and make necessary payments like debts, taxes, etc. He/she will also distribute the money/property as per your will’s term. But just in case you forget to make your will before you die and you haven’t named anyone as your executor then in that case who becomes the caretaker of your property? Well, that's a very important question.

If there the will is missing then there won’t be any executor documents, but someone will still have to take care of your assets and responsibilities. In the absence of an executor, a person will be named as administrator by the court on your behalf, depending on the law of your country. Every state or country makes an order of priority list which follows by the judges. According to the law probate court can elect a representative from the immediate family members which includes, spouse (or if spouse name someone), children, mother, father, grandchildren, brother, sister, creditor, etc.

People who die without making personal financial documents, their living spouse or domestic partner become the executor. If living partner doesn’t want the responsibility, he/she can name anyone and that person will inherit the property. However, there are other factors which considered by the court before naming anyone as representative. These factors include age, citizenship, residence, criminal history and business partner. If a person is below 18 year of age, then he/she is not considered adult and cannot appointed as an executor, some countries has age limit of 21 as well. In case the immediate family has ever been convicted for any crime, then they cannot be named as representative.

There are other few factor which disqualify a person from becoming an executor which includes mental illness, dishonesty, substance of abuse and etc. that is a law named ‘Uniform probate code’  has been adopted through which judges can disqualify anyone who does not suit for the position.