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Generally, yes.

Each state will have its own laws governing this issue and even though most states have the same system, one must look to the laws of the state of probate for the exact answer.

The residuary beneficiaries have the right to administer the estate if the named executors decline. They all have an equal right to this, so usually they must all agree to either serve together (a surefire recipe for problems) or agree on one or some of them to serve. Unless there is an agreement, the dispute over who will serve will go into court to be resolved. The court will appoint an executor.

The general idea is that the right to administer the estate goes to the persons who have an interest in the estate or to someone of their choosing.

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14y ago

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