Alternate Executor Law and Legal Definition

Alternate Executor refers to a will maker’s second choice of executor, if the first choice does not choose to serve as executor. Sometimes even though the decedent leaves a valid will that names an executor, the executor may be unable or unwilling to serve, because of illness or other commitments. For this reason wills often name an alternate executor as a safeguard. When the named executor cannot or will not serve and there is no alternate executor, the court will intervene to appoint an administrator.