Title 53, Chapter 6, Section 11
( 53-6-11)
(a) If the nominated executor does not qualify within 90 days after
the order admitting the will to probate is entered or is proved to
be dead or incapacitated or renounces the right to serve, the next
nominated executor in the order set out in the will may qualify. If
the next nominated executor fails to qualify within 90 days after
the expiration of the time period by which the first nominated
executor must qualify or is proved to be dead or incapacitated or
renounces the right to serve, any nominated executor may qualify.
If no nominated executor appears to qualify within a reasonable time
or if there is no other executor named in the will, the estate shall
be deemed to be unrepresented. (b) A nominated executor who fails to qualify within the time period
set out in subsection (a) of this Code section is deemed to have
declined the right to serve as executor; provided, however, that
this declination does not preclude the nominated executor from
qualifying to serve as executor or administrator with the will
annexed at a later time. |