Can an executor be relieved from their obligation if the trustee agrees?

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Can an executor be relieved from their obligation if the trustee agrees?

Asked on August 4, 2013 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An executor may generally step down as executor whenever he/she wants; the law does not compel someone to serve as executor. The executor should provide notice to any affected parties (e.g. the trustee) and also the court, in writing; and there may be some form of accounting as to any monies spent/actions taken/assets distributed by the executor, before he or she is released.


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