Appointment of substitute executors and coexecutors.
1. A person who is named as executor under a will, either alone or with another or others, who is otherwise qualified to act under NRS 138.020, may appoint a substitute if:
(a) The person named in the will is unwilling or unable to undertake or continue the execution of the will; and
(b) The testator has not designated an alternate to serve in place of the named executor, or the alternate designated in the will is unwilling or unable to serve.
2. A person named as alternate executor who is not disqualified under NRS 138.020 may appoint a substitute if:
(a) The named alternate is unwilling or unable to undertake or continue the execution of the will; and
(b) A named executor is disqualified or has not designated a substitute within 30 days after being notified that the named alternate is unwilling or unable to serve.
3. A qualified person who alone is named as the executor under a will may appoint a coexecutor if:
(a) The person named is unwilling or unable to undertake or continue the sole execution of the will; and
(b) The testator has not designated an alternate to serve in place of the named executor, or the named alternate is unwilling or unable to serve.
4. The substitute or coexecutor, unless otherwise disqualified under this chapter, is entitled to letters testamentary in like manner as if the substitute or coexecutor had been named in the will.
Last modified: February 25, 2006