The World Federation One Stop Fiqh

Ritual 99

If an executor dies and it is not known whether he appointed an agent before his death, it is obligatory to appoint one from the estate if the pilgrimage is Hajjatul Islam, and from the one-third share, if it is not.

If, however, the executor had taken possession of a property to expend on the pilgrimage and it is available, it should be repossessed. If there is a doubt that the executor paid the agent from his property and then reimbursed himself from the property of the deceased and such property is not available, the executor is not responsible as there would be doubt that it may have been lost without being negligent.