If I am named executor of an estate in a Will, do I have to accept?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 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.
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.