Can an Executor of a Will Be Forced to Execute the Will by a Judge?

Gloria James-Civetta & Co Estate Lawyers

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.