Friday, January 8, 2016
What Happens When A Person Refuses To Serve As An Executor?
There are many instances when people will want to name a loved one or close family member as an executor in their will. What happens when that person is not interested in serving as an executor? Just because a person is named as an executor does not mean that they are required to serve in the position. If the person creating the will is still alive then the presumed named executor can tell them directly that they are not interested in the position. When the testator passes away the person not wanting to serve as an executor can either inform the successor executor or the court that they do not want to serve. Once the will is probated the person not wanting to be an executor will need to formally resign in writing and the probate court will have to appoint an executor if one is not named in the will.
See Can I Refuse to Serve as Executor?, Elder Law Answers, January 7, 2015.
https://lawprofessors.typepad.com/trusts_estates_prof/2016/01/what-happens-when-a-person-refuses-to-serve-as-an-executor.html