Serving as executor of an estate is not a requirement for any person. Even if the will named you as executor, you can decline to serve. In addition, if the probate court appointed you executor of an estate, you can resign by petitioning the court at any time while administering the estate.

Considerations to Serve as Executor

If you decide that serving as executor is not for you, do so before the probate court receives the will, if possible. The process of finding another executor will stall the estate administration and could be problematic for the next executor. The beneficiaries could become impatient with the progress of the estate settlement and may exercise their right to file complaints.

Before you decline to serve as executor, consider the following:

• If the decedent named you in the will or asked you verbally to serve as executor, the decedent had trust in you to administer their final wishes. Don’t take that lightly.

• If you feel you don’t have the skills to administer the estate, you don’t have to do it alone. As executor, you can use estate funds to hire professionals to help out.

General Procedures to Dismiss an Executor

There is a probate court process in Massachusetts to replace an executor. Generally, if you don’t want to serve as executor and the decedent named you in the will to serve, you only have to sign a form in front of a notary and the probate court will dismiss you from serving as executor. Conversely, if the probate court already appointed you as executor of an estate, you will have to file a petition to the probate court for dismissal. For guidance on the executor dismissal procedures, I would recommend consulting an attorney knowledgeable in probate law for your state.

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Reference:

MUPC Estate Administration Procedural Guide, sections 1.4.6, 1.4.7, 1.4.8.3, 4.6.3.