Do I have to be ce executor?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have to be ce executor?

My friend has made me co executor of her will. She has died recently. I am not sure
if I want to remain co executor. Is it possible to refuse and if so how do I do this ?

Asked on May 16, 2017 under Estate Planning, Alaska


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

Answered 5 years ago | Contributor

Just because you are nominated as executor of a Will does not mean that you must serve.  You can "renounce" your position as executor and decline to act by simply signing and having notarized a renunciation and filing it with the probate court. The other co-executor, will take over as the sole executor or, if the Will so provides, another co-executor will be named in your place. If you have already been appointed by the Court, then you must file a petition with it seeking permission to resign as executor. In the petition, you must demonstrate “good cause” and the decision of whether you will be allowed to resignrests with the Court. It will determine whether your request to resign is in the best interests of the estate; if you cannot establish this then the Court may deny your request. 

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption