If I am named executor of an estate in a Will, do I have to accept?

UPDATED: Aug 29, 2011

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If I am named executor of an estate in a Will, do I have to accept?

Is there a legal form I can submit to refuse this? To whom do I submit it?

Asked on August 29, 2011 Texas


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

Answered 11 years ago | Contributor

I am so sorry for your loss.  The answer to your question is yes.  You do not have to accept the appointment of executor in the Last and Testament that names you as such.  The technical term for refusing the appointment of executor is to "renounce" the appointment of executor.  Each state has specific rules as to how to go about doing so and it is best to discuss the process with an attorney in the area.  You should also discuss with whom ever is names as alternate executor your intention to renounce.  If there is no alternate you may want to inquire from close family members whom would like to step up and take your place.  Then when you go to the attorney you will have a plan in place and they can help start the process and prepare the necessary paperwork.  Good luck to you.

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