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

UPDATED: Oct 1, 2022

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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 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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