What happens if named executor in will refuses to be the executor?

[welkin]

You just don't get it. The nominated executor need do NOTHING to not be the executor.

Bob writes a will nominating Bill as the executor. Bob dies. Bill sits at home and binges every episode of Days of Our Lives and never responds to calls, letters, or any other method used to contact him. He won't be the executor.

Bill doesn't have to contact the court that he doesn't want to be the executor.

Have you ever registered a will with a probate court? Have you ever been named executor in a will? Have you ever been named a beneficiary in a will?


According to your example, Bob thought enough of Bill to name him executor. I'm sure Bob asked Bill if he would do it before naming him. Now Bob dies and Bill just does nothing and Bob's will never gets probated if Bill is in possession of the will which is very likely. Or Bob's family finds the will and brings it to the probate court. Bill as the named executor will be contacted by the court because he is the named executor. Now Bill can be a prick and continue watching Days of Our Lives or he can abdicate and name a family member or someone else in his stead.

Your answer is not incorrect, but it is not complete and is therefor misleading. You present this as the ONLY way to do it, but it's not the only way to do it. Your statements imply that the nominated representative MUST take some action in order to decline the position, which is wrong.

One would think that when someone names someone as executor that the testator knows and trusts that person to do something when the testator dies. While I agree that the named person can do nothing the right thing to do is to submit the will and abdicate.

You made yourself perfectly clear. If the person you nominated to be the executor decides he doesn't want to do it, then he doesn't have to do it. You should name an additional person (or additional persons) as successor/alternate representatives in case the first one doesn't want to serve in that capacity.

I agree with you here that the testator should name an alternative if the named executor doesn't want or is incapable of serving. And the way the named executor says no is by (in PA) is to fill out the RENUNCIATION form and submit it to the probate court.

 

[welkin]

In addition, I still don't understand. We just had the added paper notarized and made up by a lawyer adding an executor. OK, so I guess I should bother the lawyer to figure what does the executor do in the state of PA to disperse the whatevers.

It would be unusual that both you and your spouse were to die at the same time. If you die, presumable your spouse would carry out the terms your will and visa versa. So each of you would be the executor/trix of the other's will.

The discussion here is what happens when the last of you die.

What the executor does in all states is to take inventory of both the assets and debts of the estate. They pay off the debts and then distribute the assets left over to whomever you named as beneficiaries for assets or personal property. They file final tax returns of the estate and represent the estate against any and all claims..

 

[PayrollHRGuy]

According to your example, Bob thought enough of Bill to name him executor. I'm sure Bob asked Bill if he would do it before naming him. Now Bob dies and Bill just does nothing and Bob's will never gets probated if Bill is in possession of the will which is very likely. Or Bob's family finds the will and brings it to the probate court. Bill as the named executor will be contacted by the court because he is the named executor. Now Bill can be a prick and continue watching Days of Our Lives or he can abdicate and name a family member or someone else in his stead.

The bolded is exactly what I said. But you seem to think there is some act that Bill must take. There isn't he can abdicate by doing nothing.

I'd be willing to bet that the number of people that have been nominated to be executor and the number of people that ever act as executor is far from a 1:1 ratio. Relationships between people change much more frequently than do the wording of wills.

 

[flyingron]

Get a lawyer to help with your wills. A lawyer with even the most minimal experience with will knows how to craft contingent executors and also how to handle the case of "simultaneous" death of the parties.

 

[CindiW]

Get a lawyer to help with your wills. A lawyer with even the most minimal experience with will knows how to craft contingent executors and also how to handle the case of "simultaneous" death of the parties.

I'll follow it through asap, by calling lawyer and giving copy to executor. He already knows he is executor but we want to make it as simple as possible for him. Thanks.

 

[CindiW]

The bolded is exactly what I said. But you seem to think there is some act that Bill must take. There isn't he can abdicate by doing nothing.

I'd be willing to bet that the number of people that have been nominated to be executor and the number of people that ever act as executor is far from a 1:1 ratio. Relationships between people change much more frequently than do the wording of wills.

Also if things get out of hand, let's say the executor gets sick and can't deal with it. I didn't do things right when my parents died. I didn't really know what to do, I made mistakes down the line.

 

[Zigner]

I agree with you here that the testator should name an alternative if the named executor doesn't want or is incapable of serving. And the way the named executor says no is by (in PA) is to fill out the RENUNCIATION form and submit it to the probate court.

That's *a* way to do it, but not the only way.

 

[zddoodah]

I probably didn't make myself clear. I am asking what happens if, after we both die, the named executor decides it's too much for him. Then what happens?

Please refer back to my initial response in this thread (post #3). I thoroughly answered this question. If you think I did not thoroughly answer or if you have further questions, please advise.

What a mess these wills are. But I guess they're better than nothing. Or are they?

I disagree with your general characterization of wills as "a mess." Rather, it seems like you're overcomplicating something very simple. As far as wills being "better than nothing," it depends on your situation - e.g., what sorts of assets you own and whom you believe is likely to survive you when you die.

In addition, I still don't understand. We just had the added paper notarized and made up by a lawyer adding an executor. OK, so I guess I should bother the lawyer to figure what does the executor do in the state of PA to disperse the whatevers.

I'm not following this in terms of what you still don't understand.

 

[Zigner]

I'll follow it through asap, by calling lawyer and giving copy to executor. He already knows he is executor but we want to make it as simple as possible for him. Thanks.

Based on your absolute lack of understanding of your own estate planning, I would suggest that you find a different attorney from the one you have used in the past. The attorney should be able to answer your questions and explain this to you in terms that you understand, and it's clear that your attorney has failed in that regard.

 

[army judge]

The attorney should be able to answer your questions and explain this to you in terms that you understand, and it's clear that your attorney has failed in that regard.

At least that is the story being told here.