Can the executor to a probated Will be changed without a lawyer?

My uncle’s Will was probated 7 years ago, after his transition. Since then, my sister, who was named as executor, with me being her successor, has done

very little to settle my uncle’s estate. I have done all of the research, to help

in the process but, with my sister being the state recognized executor, my hands are tied and my ability to work effectively on my family’s behalf, is

limited. I cannot pay an attorney for services, at this time, however, I could pay in installments. I simply need to have my name placed with the estate as the executor, which is what my family agrees to. Can I do the paperwork without an attorney?

Asked on September 22, 2018 under Estate Planning, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You won't need an attorney to change the executor of your uncle's estate.  Since you are named as the executor's successor in your uncle's Will, file with the probate court, your sister's letter of resignation as executor and any additional documents that are required.  You said that you had researched the required documents.  You can also obtain this information from the probate examiner at the probate court.

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