Can a person be susbtituted as co-executor of an estate, if they are not named as a substitute in the Will?

My brother does not wish to serve as co-executor with my sister and renounce and ask that letters be granted to me. I am a beneficiary but not specifically named as an executor. Can the court name me as co-executor anyway if I am willing to serve. My family does not think it is in our best interest to have my sister acting alone.

Asked on July 13, 2012 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Yes, you can ask the court to allow you to be named in place of your brother, but your sister and others can object if they see fit.  You should speak with an attorney in your area.  Good luck.


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