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:
The fact that the executor stands to inherit under a will by itself doesn't disqualify the executor. Normally, the executor named in the will by the deceased will be appointed by the court unless the executor is disqualified for some reason (usually conviction of a crime, mental incapacity, or the like). The fact that someone else might be a closer relative to the deceased or that someone else might be a better business manager than the person chosen is not usually relevant. As long as the person chosen meets the basic and minimal qualifications, the courts will usually honor the choice made by the deceased person as expressed in their will.
It is possible to deposit the will in the probate court where you reside. It is optional and not required to do so. I suggest contacting the clerk of court at the local probate court to inquire if that particular court accepts wills for filing, as rules vary by local court.
Please see the following CO statute:
15-11-515. Deposit of will with court in testator's lifetime.
A will may be deposited by the testator or the testator's agent with any
court for safekeeping, under rules of the court. The will shall be sealed
and kept confidential. During the testator's lifetime, a deposited will
shall be delivered only to the testator or to a person authorized in
writing signed by the testator to receive the will. A conservator may be
allowed to examine a deposited will of a protected testator under
procedures designed to maintain the confidential character of the document
to the extent possible and to ensure that it will be resealed and kept on
deposit after the examination.
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.
