What to do if my recently departed father listed my stepmother as executor of his Will but she does not want the position?

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What to do if my recently departed father listed my stepmother as executor of his Will but she does not want the position?

She says she doesn’t want to do the duty and thinks I should do it as the oldest surviving child. I have no desire to get mixed up with his estate. Can I sign a document saying that I have no intention of accepting any gains or liabilities from his estate?

Asked on May 7, 2014 under Estate Planning, South Dakota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If neither your stepmother nor you want to be the executor of your father's estate, and there isn't anyone else who wants to serve as executor, the Probate Court will appoint an executor.

If you don't want anything from the estate, you can renounce your inheritance in writing.


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