Can I nominate someone else to be executor instead of me on my mother’s Will?

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Can I nominate someone else to be executor instead of me on my mother’s Will?

My mother wrote her Will 12 years ago making me her executor and my sister as contingent executor if anything happend to me. My mom now has Alzheimer’s. Now, 2 of my brothers have the power of attorney and deal with all her financials. I definitely do not want to be executor, however mom is not in a fit state of mind to change the Will. Can I pass this on to someone else, if so how?

Asked on April 11, 2017 under Estate Planning, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since your mother can't name another executor at this point and it is prior the formal court appointment, you can step down as executor without having to give any reason. What you'll to do is to file a "renunciation" (this is a legal document that states the person named in the Will as executor chooses not act in that capacity. You will need to sign a renunciation form and file it with the appropriate probate court (i.e. the one in the county in which your mother is domiciled as of the time of her death) after she passess but before you are officially appointed by the court. The exact rules for renunciation vary by state but you can ask the court about this. Finally, if you're filling a renunciation, it is a good idea to notify the beneficiaries of the estate before submitting the form to the court to give them time to find another qualified person to act as executor.


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