I live in NM. Does a will have to specifically name an executor, or is it assumed that the first beneficiary takes on those duties?

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I live in NM. Does a will have to specifically name an executor, or is it assumed that the first beneficiary takes on those duties?

My mother just died and her most current will 2014 only
lists that her estate is to be divided equally three ways–
my brother, my sister, and myself. No details as to what the
1/3 for each means.

There is no mention of an executor, only my sister listed
first, my brother listed second, and me listed as third
beneficiary. Because my sister is listed first she is the
middle child, if that matters, is she the assumed, default
executor?

Asked on June 26, 2018 under Estate Planning, New Mexico

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your mother.
The Will must name an executor.  Since your mother's Will did not name an executor, the probate court will appoint an executor.  The failure of the Will to appoint an executor does not mean that a particular beneficiary automatically becomes the executor.


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