Can we elect outas anexecutor in a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can we elect outas anexecutor in a Will?
Asked on October 6, 2010 under Estate Planning, Vermont
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It's not clear from your question whether or not the Will has been submitted for probate at this point. If you're an executor and probate has not yet begun, you can just notify the alternate executor named in the Will to take over. If probate has begun, you can still resign once the probate court appoints a new executor. To do this you must submit your resignation to the probate court and provide a written record of what (if anything) you have done. The court will then appoint someone to take your place.
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.