Can the alternate executor just begin getting a Will probated or does the main executor have to relinquish their duties by legal notice?

Can the alternate executor just begin getting a Will probated or does the main executor have to relinquish their duties by legal notice?

On my grandmother’s Will there is an executrix who is an aged family member now and is not able to drive around and do the things needed to probate the Will. But one of my cousins is mentioned “in the event that she is unwilling or unable to serve as executrix” as the alternate executor. The executrix has done nothing in 2 years since my grandmother’s passing. Can my cousin take over probating the Will as the alternate now? Or does the main executrix need to relinquish her duties to him in a formal way such as a notarized letter or something? What would be required for him to take over?

Asked on February 29, 2012 under Estate Planning, North Carolina

Answers:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.