What happens if the executor of an estate does not want to serve?
What happens if the executor of an estate does not want to serve?
You've been named the executor of your parent's will. Yikes! Suddenly, you're in control of their estate and all that goes with it. The hard part is not over, though. If a person serving as an executor doesn't want to do so, what can be done?
What Happens if You Don't Serve?
If you don't want to serve as an executor but have been named one, you may be able to convince the court to allow you to "discharge" or resign from your role. For example, if you are uncomfortable with the amount of responsibility involved in managing the estate, or you do not know enough about financial or legal matters to effectively serve as an executor, a court may approve your request to resign from that position.
However, there are situations where the court will refuse to allow someone who has been named an executor to discharge his or her duties. For example, if the will gives someone very specific instructions on how he or she should serve if he or she is named an executor, then a court may require that individual to follow those instructions.
If you have any questions or need an Estate Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
