Do I have to be ce executor?
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Do I have to be ce executor?
My friend has made me co executor of her will. She has died recently. I am not sure
if I want to remain co executor. Is it possible to refuse and if so how do I do this ?
Asked on May 16, 2017 under Estate Planning, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Just because you are nominated as executor of a Will does not mean that you must serve. You can "renounce" your position as executor and decline to act by simply signing and having notarized a renunciation and filing it with the probate court. The other co-executor, will take over as the sole executor or, if the Will so provides, another co-executor will be named in your place. If you have already been appointed by the Court, then you must file a petition with it seeking permission to resign as executor. In the petition, you must demonstrate “good cause” and the decision of whether you will be allowed to resignrests with the Court. It will determine whether your request to resign is in the best interests of the estate; if you cannot establish this then the Court may deny your request.
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