Can one transfer their authority as executor of the estate to another family member?

UPDATED: Feb 1, 2011

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Can one transfer their authority as executor of the estate to another family member?

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Asked on February 1, 2011 under Estate Planning, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, no, not really.  What you can do if you do not wish to serve is to "renounce" your appointment but you have no right to choose who is to succeed you as the next executor.  Where are you in the proceedings?  Have you already been appointed as executor?  Do you now want to step down?  Once you do so then another family member can request to be appointed as successor.  Was there by any chance a contingent executor named in the Will?  Then that person would be the next natural choice here.  If not then any other member can apply to the court to be appointed.  There will be notices to beneficiaries, etc., that have to be done. Good luck.

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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