How do I change my Will to designate one of my children as the Executor?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I change my Will to designate one of my children as the Executor?

Also, are they required to be present when this change is made? My 3 children are listed as “joint Personal Representatives” in my Will. They live in different cities and it would be difficult for all 3 to handle my estate, so I would like to appoint 1 of them to execute my wishes. 

Asked on October 8, 2010 under Estate Planning, Alabama

Answers:

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

Answered 13 years ago | Contributor

You can execute what is known as a "codicil". This is a written amendment (change) to a Will. It is typically short and is used to alter a provision of a Will, such as in your case. However, a codicil must be signed, witnessed, and notarized with the same degree of formality as a Will. If the Will is a simple one, it may be about as easy to have a new Will drafted. If the will is complex, and the codicil is designed to make a relatively minor change such as naming a new executor, a codicil can be useful and economical.


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 lock Secured with SHA-256 Encryption