A judge can remove an executor if he does not perform his duties or the beneficiaries propose a good case to remove him.
However, the judge cannot force a named executor to oversee the probate of the will.Express Renunciation by Executor
If you are appointed as an executor but is unwilling to take on this role, you can inform the probate court. The individual renouncing can do this orally or by his advocate or solicitor on the hearing of any petition or probate action. He can also do it through a signed writing statement. This is known as an express renunciation by Executor.
Constructive Renunciation by Executor
An individual who has or claims any interest in the estate of the deceased, may, without applying for probate or letters of administration. Appointed executors will then receive an issued citation, calling upon the person cited to take on or renounced the right. If the person cited fails to make an appearance, his right is deemed to be renounced.
Replacement
If a substitute executor or alternative executor is appointed in the will, he will take over the responsibilities of the main executor. Alternatively, the court will reappoint a new executor to carry out the distribution of estate in a will.
FAQs: Executor of a Will – Refusal or Inaction
How long does an executor have to act after the testator passes away?
While there is no fixed legal deadline, executors are generally expected to apply for probate and begin administration within 6 months from the date of death. Delays without explanation can raise concerns and may lead to court intervention.
Can a beneficiary challenge an executor’s delay in court?
Yes. If you are a beneficiary and the executor is unreasonably delaying action, you can apply to the court for a citation or even seek their removal. The court may then appoint an alternative person to administer the estate.
Does renouncing as executor affect someone’s right to inherit under the will?
No. Renouncing your role as executor does not affect your status as a beneficiary. You may still receive your entitlement under the will even if you do not wish to be involved in managing the estate.
Is legal advice necessary if the executor refuses to act?
It is advisable. The process for citations or applying for Letters of Administration with Will Annexed can be technical. Consulting an estate lawyer can help ensure your application is properly handled and aligned with court requirements.
Need Legal Guidance?
At Gloria James-Civetta & Co, our estate lawyers can assist executors and beneficiaries through all aspects of probate and estate administration. Whether you’re unsure of your responsibilities or facing issues with an executor, we are here to help.
Contact us today for practical, reliable legal advice tailored to your situation.
