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How do you transfer duties from executrix to one named as an alternate?

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2007-01-11 03:21:20
2007-01-11 03:21:20

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.

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Related Questions


Yes. Your sister can file a "Declination" and the petition to have the will allowed can list you as the executor. The attorney handling the estate will know how to file the proper documents so that you can be appointed.


You can bring a lawsuit in the probate court asking the court to remove the executrix and appoint another person to handle the estate, usually the alternate executor named in the will. Each state has its own laws setting the basis for a removal. Generally these have to do with the executrix not doing what she is supposed to do, harming the estate in some or failing to obey the terms of the will or a court order. It is not easy to remove an executrix because most courts start with the premise that the acting executrix is the person the decedent has the most faith in. The court strives to uphold the wishes of a decedent. A court will not remove an executrix just because of disagreements or even animosity between her and beneficiaries. There must be some type of wrongdoing or breach of trust involved.


An executrix must carry out the wishes of the deceased. If any of the eight children were excluded by the deceased from inheriting a piece of property she cannot put his or her name on the deed for it.


The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses. An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.


Yes, Donald Sutherland did have a grandson named Donald Sutherland III in an alternate universe.


Yes, Leonard Nimoy did have a grandson named Leonard Nimoy III in an alternate universe.


Yes, William Shatner did have a grandson named William Shatner III in an alternate universe.


Yes, Sylvester Stallone did have a grandson named Sylvester Stallone III in an alternate universe.


Yes, Michael Douglas did have a grandson named Michael Douglas III in an alternate universe.


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.


One of the copies will probably need to be posted in the probate court, at which time you will be appointed as the named executrix. If they destroy all copies of the will, that is a different sort of problem.


Yes, Leonard Nimoy did have a son named Leonard Nimoy Jr. in an alternate universe.


Yes, William Shatner did have a son named William Shatner Jr. in an alternate universe.


Yes, Malcolm McDowell did have a son named Malcolm McDowell Jr. In an alternate universe.


Yes, Gary Oldman did have a son named Gary Oldman Jr. In an alternate universe.


Yes, Colin Farrell did have a son named Colin Farrell Jr. In an alternate universe.


Yes, John Travolta did have a son named John Travolta Jr. in an alternate universe.


Yes, Nick Thurston did have a son named Nick Thurston Jr. in an alternate universe.


Yes, Peter Outerbridge did have a son named Peter Outerbridge Jr. in an alternate universe.


Yes, Michael Douglas did have a son named Michael Douglas Jr. in an alternate universe.


Yes, Donald Sutherland did have a son named Donald Sutherland Jr. in an alternate universe.


Yes, Sylvester Stallone did have a son named Sylvester Stallone Jr. in an alternate universe.



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].


The contents of a Will are your parents' personal and legal business. It is none of a child's business unless the parent shows you the Will, includes you in estate/will planning, or you are named the Executor/Executrix of the Will (this is not a minor child). When the parents die, the Executor/Executrix can contact the parents' Attorney to get a copy of the Will, if it's location is unknown at home.



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