Can I Refuse to Serve as Executor?
A family member passes away and you mourn the loss of a loved one with the rest of your family, as anyone would. A few days later, you get a letter from your loved one’s attorney indicating that you have been named as the executor for their estate. This is a tremendous responsibility that can consume months of your time. Is it mandatory that you accept this position, or can you refuse?
What Is An Executor?
An executor is the person who represents the deceased’s estate to the probate court while the estate is going through the probate process. The executor decides which assets are to be liquidated to pay estate expenses, and the executor is called on to solve disputes between estate beneficiaries. It is the responsibility of the executor to work closely with the probate courts to uncover estate expenses and then make sure those expenses are properly paid off.
Why Would You Not Want To Be An Executor?
Initially, your devotion to your loved one might convince you that being their estate executor is something you should do. But the truth is that an executor needs to have an understanding of probate and tax laws, needs to be comfortable handling court decisions and issues, and needs to have plenty of spare time to meet with the court when summoned and handle all of the paperwork of the estate.
I Want Out
It is fairly common for people who are named executors of estates to decide that they cannot do the job and do not want the responsibility. This is most prominent in situations where the executor had no idea they had been named for the position in the will of the deceased.
If you do not want to be an executor of an estate, then you can petition the probate court to be relieved of the responsibility. It sounds like you are inconveniencing the court, but the truth is that this sort of thing happens fairly regularly. Your loved one’s will is going to be held up in probate court until the executor situation is solved.
What Happens?
Once the probate court relieves you of your executor responsibilities, the court immediately goes about establishing a new executor. The family might choose to pay an attorney to be the executor, which also puts an objective third-party in that very important position. Once the new executor is in place, the probate court will move forward with the administration of the deceased’s estate.
If the thought of being an estate executor overwhelms you, then give our office a call. Our professional probate and trust administration attorneys will review your situation with you and come up with a plan to help you be removed from the executor position.