Can an executor of an estate voluntarily remove themselves after probate of the Will and, if so, what would be the procedure?
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Can an executor of an estate voluntarily remove themselves after probate of the Will and, if so, what would be the procedure?
Asked on October 7, 2015 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, they can remove themselves before the final resolution of the estate, but at that point, would need the approval of the court to do so as opposed to simply refusing to serve in the first place, which they could do unilaterally. They would have to make a motion to the court to be removed, and would likely have to provide some acceptable reason, like hardship, conflicts with work, medical issues, relocation, etc. If the executor didn't want to hire an attorney to make the motion for her, she could contact the court clerk's office or the chambers of the judge in the matter for instructions on how to do this.
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