Can we elect outas anexecutor in a Will?

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Can we elect outas anexecutor in a Will?

Asked on October 6, 2010 under Estate Planning, Vermont

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's not clear from your question whether or not the Will has been submitted for probate at this point. If you're an executor and probate has not yet begun, you can just notify the alternate executor named in the Will to take over. If probate has begun, you can still resign once the probate court appoints a new executor.  To do this you must submit your resignation to the probate court and provide a written record of what (if anything) you have done. The court will then appoint someone to take your place.


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