If There is No Will, Who is the Executor?
If there is no will, then the right to administer the estate is determined by law. The first person chosen by the courts is generally the surviving spouse. However, children may also petition the court, depending on your state or province, to administer the estate and disperse assets. You should check with an attorney, as laws can vary by region.
A named executor doesn't legally have to accept the role. That’s why it’s important to discuss your choices with your chosen executor, and perhaps have a back-up in case one is unable or unwilling to take on the responsibilities.