Full question:
I have my adult daughter as 'Personal Rep' 'Executor' in my will if my husband dies first, then me. Since she is a beneficiary in the will can I appoint her to also be the 'Personal Representative? My will is signed and notorized,do I need to do anything else with it, like file it with the state?
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: Colorado
Answer:
Yes, you can appoint your daughter as the executor of your will even if she is a beneficiary. Being a beneficiary does not disqualify her from serving as executor. Typically, the court will honor your choice of executor unless there are disqualifying factors, such as a criminal conviction or mental incapacity.
As for filing your will, it is not mandatory to file it with the state. However, you can choose to deposit it with your local probate court for safekeeping. This is optional and varies by court, so it's a good idea to check with your local probate court clerk to see if they accept wills for filing. According to Colorado law, a will can be deposited with the court for safekeeping while the testator is alive (see CO statute 15-11-515).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.