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Can you change the executor of your will?

On Behalf of | Jan 4, 2024 | Estate Planning

Choosing the executor of your will was possibly one of the most complicated things you did when drafting your estate plan. You may have assessed several parties to find one with the needed qualities. Thus, removing them can be a difficult decision.

But what can lead to this decision?

The chosen party no longer wants the role

An executor should be willing to serve. Your chosen party may have accepted the role before but can change their mind later. If this happens, you will need to appoint another executor.

Regardless of why your executor no longer wants the responsibility, your relationship doesn’t have to change. Respect their decisions and name another party.

Falling out

Trustworthiness is a crucial quality of an executor. You should trust that your executor will act in your best interest. Thus, if you have a personal falling out with your executor, consider choosing another party.

Divorce 

If you named your spouse your will’s executor but have since gotten a divorce, you may need to remove them.

Another party is better equipped to serve

Chances are your named executor didn’t understand the role in depth in the beginning. That’s why it’s crucial to connect them with professionals and keep them updated on the estate regularly.

However, if your executor’s skills fail to improve as expected after providing them with the needed resources, you can choose another party you believe is better equipped to serve.

Incapacitation/death

If your executor becomes incapacitated and can’t fulfill their duties, you should choose another person. Lastly, if your executor dies, you will name another one.

Removing an executor can be complex. Get legal guidance to understand the steps to take to validate any changes you make to your estate plan.