What’s the procedure to transfer executorship from one sibling to another?

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What’s the procedure to transfer executorship from one sibling to another?

My father-in-law passed on last week and 9 years ago my husband and I were named executors. Since he “doesn’t like paperwork” it was assumed that I’d be the one doing all the work. However I came down with kidney failure 15 months ago. I am realizing the nightmare of trying to get through all the disorganized paperwork and don’t feel I am up to this task. What’s the procedure to have one of his sisters named executor?

Asked on September 3, 2011 under Estate Planning, Alaska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you and your husband were named as executors under your father's will but you both do not want to undertake this responsibility and prefer that one of his sisters acts in your place, you need to file a petition to probate your late father-in-law's will where one of the sisters assist in the process and request in the petition that one particular sister be appointed as the executrix under the will since you and your husband are not in a position to do so.

Before you undertake the time and effort of sifting through paperwork for the probate of the presumed will of your father-in-law, you and your husband along with the one sister who will end up handling the probate process should retain an attorney in unison to assist you in the probate proceeding.

Good luck.

 


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