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Yes. No person can be forced to accept property given to him/her by someone else's will. Likewise, no person can be forced to serve as an executor. A named executor is said to have a duty to offer the will for probate or lodge it with the probate court without offering it for probate, but that is as far as it goes. As to the property, many states have laws whereby a beneficiary may "disclaim" his gift. There is also a common law right to renounce it. Unfortunately in this case, if the person is the sole beneficiary and there are no alternate beneficiaries either in the will or in law, the estate may escheat to the state. If you wish to refuse the estate you may also do it by assigning it to another person. Maybe we can talk.
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoAn executor must be appointed by the court and the court must allow the will.
If the named executor declines the appointment the court will appoint a successor executor. The first named executor can still inherit under the will as long as the will is probated.
Wiki User
∙ 9y agoThe Will must be filed in probate. Once filed it becomes a public record. Any person can visit the court and request the file which contains all the documents filed by the executor and the court. Some probate courts have a public copy machine. Otherwise, copies can be ordered from the clerk for a fee.
Wiki User
∙ 11y agoYes, they can decline to be the executor. The court will appoint someone else to be the executor.
Wiki User
∙ 13y agoYes. When the will is filed for probate the named executor can file a declination (a form available at the court) and the court will appoint a successor.
Wiki User
∙ 10y agoThey cannot flat out refuse to pay them. However, they may be able to refuse to pay due to there not being any assets to pay them with.
Wiki User
∙ 11y agoYes, the executor appointed in a will can refuse to accept it. The attorney may no longer be doing that sort of work, or may be too difficult.
Wiki User
∙ 14y agoYes
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What if I don't want to be the executor?
If you don't want to be the executor, you can always refuse the assignment. Make sure to speak with the person writing the will or legal document and state your refusal in writing.
Do joint executors of wills have the same power?
Generally a joint executor would have as much power as any other joint executor, meaning they had BETTER get organized and communicate about what needs to be done and who will be doing it.
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
Can a person who is not appointed executor but his attorney tells him to close out accounts?
He can if the accounts are joint accounts and he is the joint account owner. However, if he was the joint owner for convenience purposes only the other heirs should seek their share of the funds.
Can an executor or girlfriend take money out of a decedent's checking account?
It depends on whether the executor has been appointed by the court and if the account was a joint account with the decedent and his partner.If the executor has been duly appointed they can access accounts solely owned by the decedent. That's their job.If the account is a joint account, it isn't a probate asset and the executor has no control over it. It belongs to the surviving joint owner.
If the Will contest is dropped placing the Executor as the sole Owner can they refuse to take possession and continue to act as Executor for the Deceased?
The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court. Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.
What can heirs of an estate do if the executors refuse to have items appraised as stated in the will?
Return to the court that appointed the executor and petition to have the executor removed and a new one appointed.
Can you appoint an executor from another estate in your will?
Yes. You can appoint the same person as your executor in your will even if that person has been appointed by someone else as their executor in their will.
What if you don't want to be a co executor?
Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.
Can you buy a property of a deceased person that has no executor?
You have to buy the property from someone. And the only person that can sell it is the executor.
How is executor used in a sentence?
Executor is a legal term for a person responsible for carrying out the terms of a person's last will. "The executor delivered the jeweled pin to the niece named in the will."
If the executor of a will dies would that person's next of kin automatically become the executor?
No. If the executor dies the court must appoint a new executor.
