How do you replace the executor of a Will?

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How do you replace the executor of a Will?

My mother recently passed and her 37 year old Will listed her brother as executor. Her brother lives in another state and is in poor health. How do we get the executor switched to my brother? We assume my uncle will not object.

Asked on May 16, 2014 under Estate Planning, Illinois

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  If your Uncle does not object than he can renounce his appointment as executor and then your brother can make an application to be substituted in his place.  Those that need to be notified (siblings, etc.) can consent to the substitution without formal notice as well.  I would consult with an attorney in your area.  Good luck.


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