Art. 3083 Appointment of dative testamentary executor

When someone dies with a will but no executor is available to handle the estate, the court steps in to appoint one. This can happen because the will didn't name an executor, the named executor has died, the named executor doesn't qualify for the job, or the named executor simply refuses to serve.

In these situations, the court can act on its own to appoint someone, or any person with a stake in the estate can ask the court to do so. This court-appointed executor is called a "dative testamentary executor."

The process for appointing this person follows the same rules used when someone dies without a will at all. So even though the deceased person left a will, the court fills the executor role using the standard process for handling estates without wills.