Can my name be removed as an executive of a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my name be removed as an executive of a Will?

My mother created a Will at a lawyer’s office about 1 1/2 years ago. My 2 eldest brothers and I are executives of her estate, however 1 of my brothers and I will like our names removed as executors. How can this be done?

Asked on November 25, 2017 under Estate Planning, Michigan

Answers:

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

Answered 4 years ago | Contributor

You can "renounce" your executorship and step down before formal court appointment without even giving a reason. You can do this by filling out a renunciation of executorship form in which you will state that you do not want to serve as executor for the estate. You will then file it in probate court after the death of the testator (i.e. the maker of the Will). The exact rules for renunciation vary by state. If you are filling a renunciation, you should also notify the estate beneficiaries before submitting the document. However, if you've already been appointed by the probate court and the estate hasn't yet been settled, you must file a petition in court for removal. As a general rule, the court will look at your reason for wanting to resign. Acceptable reasons can include ill health (yours or an an immediate family member's) and other family emergencies. Also, if you were already appointed, the court will require you to give a detailed account of all work you have performed to date. In most cases, you will not obtain a formal release from the court until you provide a detailed accounting of your activities. Finally, you can resign as executor in some states by failure to take action after the testator dies since such failure is viewed by the probate court as a renunciation of your executor duties. So, for example, if you do not file the Will with the court within the designated timeline, another party having an interest in the estate can file instead. That having been said, such a resignation via inaction will delay the proceedings and can create confusion and possibly hardship for the beneficiaries.

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

Answered 4 years ago | Contributor

You can "renounce" your executorship and step down before formal court appointment without even giving a reason. You can do this by filling out a renunciation of executorship form in which you will state that you do not want to serve as executor for the estate. You will then file it in probate court after the death of the testator (i.e. the maker of the Will). The exact rules for renunciation vary by state. If you are filling a renunciation, you should also notify the estate beneficiaries before submitting the document. However, if you've already been appointed by the probate court and the estate hasn't yet been settled, you must file a petition in court for removal. As a general rule, the court will look at your reason for wanting to resign. Acceptable reasons can include ill health (yours or an an immediate family member's) and other family emergencies. Also, if you were already appointed, the court will require you to give a detailed account of all work you have performed to date. In most cases, you will not obtain a formal release from the court until you provide a detailed accounting of your activities. Finally, you can resign as executor in some states by failure to take action after the testator dies since such failure is viewed by the probate court as a renunciation of your executor duties. So, for example, if you do not file the Will with the court within the designated timeline, another party having an interest in the estate can file instead. That having been said, such a resignation via inaction will delay the proceedings and can create confusion and possibly hardship for the beneficiaries.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption