Can you remove your will’s executor?

Can you remove your will’s executor?

On Behalf of | May 2, 2023 | Estate Planning & Probate |

Your will should have an executor to ensure everything goes according to your plan. An executor has numerous duties besides taking your will to probate. They will manage the estate before distribution, pay debts, file tax returns and so on. However, in some instances, you may need to change your executor.

Here is what you need to know about this matter.

Reasons to remove your current will’s executor

Different reasons can lead you to remove your appointed executor. For instance, if they become incapacitated or die. You may also do this if your chosen party doesn’t act in your best interest. For example, if they become dishonest or make a move that causes you to question the appointment. 

Being imprisoned or convicted of a felony may also be a reason to remove an executor. Even though you may not judge them for this, the court may fail to accept them as a reliable executor and, in turn, may remove them at the last minute.

How do you remove an executor?

Since removing an executor constitutes updating a will, you can use a codicil or write a new will. Revoking an existing will to make one change may be a lot of work. Writing a codicil, naming your new chosen executor, can be more manageable. However, if you want to make other changes besides adjusting the executor, you can write a new will. 

Can beneficiaries remove an executor?

When your will goes to probate and the executor does a mistake, for instance, mismanaging the estate or failing to cooperate, the beneficiaries may contest to remove them. This is why it’s crucial to choose a dependable party.

Changing an executor can be complicated. Consider getting legal guidance to avoid mistakes that can affect your beneficiaries.