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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.
Wiki User
∙ 12y ago
Wiki User
∙ 9y agoYou can decline to serve as executor. The court may appoint another person to serve, or just have one executor.
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What is the difference between co-executor and independent co executor?
What is the difference between an independent co-executor and a co-executor
How can an incapacitated independent co-executor of an estate be replaced?
The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.The co-executor must resign and the court can appoint a successor if an independent co-executor is necessary.
What is a co-executor?
A co-executor is someone who co-ops in the execution of legal documents such as wills.
Can a co-executor choose to drop out after a year and a half without the knowledge of the other co-executor?
No. The co-executor must file a resignation with the probate court in order to free themselves of any obligations and responsibilities in the estate and to notify the world they will no longer be serving as co-executor.
If you are the executor and co-beneficiary do you have to get signed documents from the co beneficiary to act?
If you are the sole Executor you do not need signatures from any beneficiaries.
What can you do if the other executor does not want to act?
You should submit a petition to the court to have the co-executor removed. Explain your reasons clearly and provide evidence of examples of their failure to perform their duties.
Can a co-executor delay distribution of funds indefinitely?
No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.
Can a solicitor renounce their appointment as co executor to a persons will after that persons death as they have had problems with the other co executor of the will in this case the son of the dec?
yes
Can you resign as co-executor?
Yes, you may resign as co-executor. You simply have to inform the court. You may have to provide an accounting of what you have done to that point.
Can an executor petition the court for a co-executor to assist them?
You can petition the court for appointment of a co-executor. It depends on the practice in your particular court. The court may question why you accepted the appointment if you can't perform your duties and may want to appoint a replacement. On the other hand, it may allow your petition. You should consult with the attorney who is handling the estate.
Can there be only one co-executor?
No, in fact, you can have as many co-executors as needed. However, as you can imagine, the more co-executors you have, the more complicated administering the estate becomes. I always suggest that only one executor is named, followed by an alternate executor if the original executor cannot act, or has pre-deceased the testator.
Can appointed executor apoint a co such as a spouce?
No. Only the court can appoint a co-executor. Appointment of co-executors is routine if co-executors are named in the Will. The court generally appoints those who are named unless objections to the appointments are filed. If the executor finds they need help they could petition the court to appoint a co-executor or an agent, depending on the jurisdiction. The court would review the petition and render a decision. On the other hand, if the appointed executor cannot handle the task the court may appoint a successor.
