I am an executor, and do not want to be what should i do

Asked about 1 year ago - Huntington Beach, CA

i was named in a will as executor of an estate and dont want to be what do i do with the will

Attorney answers (4)

  1. Jane Kempf Penhaligen

    Contributor Level 7

    6

    Lawyers agree

    Answered . Just because you were named as executor does not mean you have to accept the position. You can decline to act as executor. Does the will name an alternate executor? If so, contact that person and see if they are willing to act as executor. If not, a family member can step-up and ask the court to appoint them as executor. You will need to sign a declaration that you are declining to act as executor for either the successor or a family member to be appointed.

  2. Craig Martin Scalise

    Contributor Level 12

    4

    Lawyers agree

    Answered . You were only nominated by the maker of the will; you are not required to be the executor. The alternate/backup can serve in your stead.

    Mr.Scalise offers a FREE consultation; he may be reached at 805-244-6850 or by email (craig@scaliselawfirm.com).... more
  3. Charles Adam Shultz

    Contributor Level 19

    3

    Lawyers agree

    Answered . If the person has died and you have original Will, have it lodged with the Court in the county where the decedent resided. You can then notify the heir, beneficiaries, that you are declining to serve.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  4. Gregory Paul Benton

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This depends on if the Will is being probated or not. You don't have to be forced to act as the executor. Also, get the person who named you as executor to amend the Will. If probated, then file an objection to the Probate proceedings and state your desire to not be appointed.

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