Executor, Deceased
When the primary executor does not survive the testator or fails to serve for any other reason, the alternate executor will be asked to assume the role.

If the alternate executor fails to serve or if an alternate has not be nominated, the Register of Wills must make an appointment. The appointment is typically given to someone who requests the role. Generally any person or entity that has a stake in the decedent's property may seek to be appointed.

If multiple parties request to serve, the appointment will be made based on a statutory system of preference, as follows:
1. Any residuary beneficiary.
2. The surviving spouse
3. The testator's heirs
4. The testator's creditors
5. Anyone in the category of "other fit persons" may be appointed if no one from a higher category is appointed.

The same system is used to appoint the administrator of an intestate decedent. However, without a valid will, the decedent does not have any residuary beneficiaries and first preference is given to the surviving spouse.

See: Executor, Eligibility; Executor, Role and Duties; Executors Compared With Administrators