Can the executor of a Will hand over the title/duties to someone else?

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Can the executor of a Will hand over the title/duties to someone else?

In this case, the executor named in the Will is an adult child of the deceased. He wants to hand over the duties to someone outside the family. The deceased is also survived by another adult child and 2 siblings. Can he do this? And how would he go about it?

Asked on June 14, 2012 under Estate Planning, Maine

Answers:

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

Answered 11 years ago | Contributor

The appointemnt of an executor is not able to be "passed down" to some one else should you not wish to serve.  He must resign or "renounce" his duties and another muct request to be appointed in his place.  That appointment is on notice to all those that may benefit or will benefit under the Will.  So if his siblings wish to be appointed in his place - and the court would likely favor family members - then they could also apply.  Good luck.


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