Don't Want To Be Executor? 4 Things To Keep In Mind

Have you been named as an executor for a loved one's estate? While most executors have agreed in advance to serve in this capacity, some executors are hesitant to take on the role when the time comes. What can you do if you find yourself in this position? Here are four things to remember. 

1. You Can Choose to Decline

First off, keep in mind that any executor has the right to decline the appointment. If you weren't aware that the person had named you in their will, or if your situation has changed and you no longer feel you can do the job, you don't have to take it on. Serving as executor is a big job that will take time, energy, and commitment. It can even involve some personal liability for decisions you make and the estate's funds. If you're not up for it, stand up for yourself. 

2. Heirs Should Discuss the Matter

If you feel you cannot take on the job, talk with heirs and other stakeholders in advance about declining. Most heirs want the best for the estate, and an executor who isn't up to the task can't do the best for it. They will most likely understand your feelings. But whether or not they do express understanding, stakeholders in the estate generally deserve to know what's going on with the estate. 

3. Someone Else May Come Forward

Once you discuss with the heirs your need to step back, you all may find another suitable person within the family or circle of friends. Because their friends and family knew the person best, they are often the most appropriate group to agree on who you should suggest be a new personal representative. But when having this discussion, be careful to look for those who will not have conflicts of interest and can serve impartially. 

4. You Aren't Beholden If No One Volunteers

What happens if no one else steps forward to take on the job? You aren't obligated to go ahead as executor just because you seem like the only option. You aren't even generally required to give a reason for declining. This is one reason why the probate court exists, and it can appoint a personal representative of its choosing. That appointee may even be a third party such as an attorney or accountant. 

Where to Learn More

To learn more about the role of executor, or your rights and responsibilities as one, meet with a probate attorney in your state. No matter what you decide, you can help the estate be successful and your loved one's wishes be carried out. 

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