If you are named executor of someone's will, and you don;t want to be, do you have to do it?

Question

This has not happened to me, I am just wondering.

Answer 1

No. You cannot be compelled to do it. The court will appoint someone else.

Answer 2

Nope.

The executor should not be taken by surprise, however - the deceased and the executor (or executrix, if it's a woman) should have discussed plans for the tasks before the death.

Generally, the executor will have promised to take care of things, and you get into breaking promises...

But, no - a person can decline to handle the execution of the estate. What usually happens then (if another family member doesn't find out in time) is that the state handles the affairs for you, the way THEY want to handle them.

Answer 3

No, you can ask the person to name someone else in the will, or after they're dead, simply refuse/decline the appointment. It is then up to the court to determine if an alternate has been named or to select and appoint someone to do the job. Being an executor can be a very demanding job, or it could be as simple as filing a few papers and making sure the lawyers do their thing. In any case, you cannot be ordered to do it.

Answer 4

You could always give up your rights. It would be up to you to find the new "executor".

Answer 5

No. You have to notified when the will is written and you have the right to decline at that point. If you are not notified then the will can not be finalized. Thus you are not the executor.

Answer 6

I am sure you could contact an attorney about this. One reason you might want to be an executor is that they get a standard fee, a per centage of the estate, for their work, it can be a welcome income.

Answer 7

what if you are the executor named solely in the will, and yet the courts are allowing a grandchild who filed for probate, the will give nothing to her? She has an attorney, can her attorney shift the inheritance to her?

Answer 8

if you are reliquinshing your rights then you must sign document stating that and anattorney should prepare it then another executor/trix will be appointed
consult a Probate Attorney will and estates

Answer 9

Just tell who ever wrote it that you don't want to be, if that person is already gone then either deal with it like an adult or ask the court to pick someone else.

Answer 10

the dead guy probly wanted you to do it.