Of course the alternate can volunteer to assist the court appointed executor in the fulfillment of her duties. However, the alternate has no legal power and will not be entitled to any compensation.
The court appointed executor can certainly delegate certain tasks to a willing helper. However, the executor is responsible for the settling of the estate and the helper cannot sign any legal documents on behalf of the estate.
The alternate named executor is nominated by the testator to take over if the executor cannot serve. The alternate must be appointed by the court.
Apply to the probate court. If the primary has already accepted the duties, they will have to provide a full accounting to the court of what they did. The court will issue new papers for the new executor. If they haven't assumed the duty, they simply decline to serve.
Petition the court to replace the executor.
That is one of their duties.
Petition the court to have them removed and replaced. In such cases the court is likely to appoint an attorney to serve as the executor.
When the testator has passed away. That is when their duties begin. The first thing they have to do is file with the probate court to be appointed as executor.
Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].
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.
Complain to the court immediately. The court can compel the Executor to file an accounting or replace the Executor if they will not perform their duties with expediency.
Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.
You can be appointed executor without knowing it. There is no requirement to share the contents of the will before death.
First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.
They should be reported to the court immediately. The court can replace an executor who fails to perform their duties responsibly.