How does renouncing as an executor of a Will work?
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How does renouncing as an executor of a Will work?
My grandmother passed away and my father was named executor in her Will. My father does not want to be executor, nor does his only brother (my uncle). They asked me to be the executor, which I agreed to do. We went to the courthouse today to register the will, as well as to have my father sign off on renouncing the executor role. My uncle was with us as well, in case he had to renounce his right to be executor, even though he was not named in the will as a secondary executor. My grandmother has only 2 grandchildren, myself and my younger brother. The Register of Wills told us that my brother had to renounce being executor as well in order for me to be executor. Is this true?
Asked on October 20, 2014 under Estate Planning, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. Generally the probate court wants to make sure that each person that has the right to the appointment has the opportunity to serve if they so choose . I would be surprised , though, if the law does not allow for notice to your Brother of your appointment and time to object to the appointment. So go back and ask did you could serve him with notice and what the time frame is for objection . Good luck
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