What Happens if a Named Executor Cannot Serve?

A grantor may do their due diligence and make a great effort toward appointing the right executor to handle their estate and its administration. But unfortunately, things may not go according to plan, and there may not be a capable individual who can step into this role upon their death. If you and your loved ones find yourself dealing with an instance such as this, please follow along to find out what happens if a named executor cannot serve this role and how a proficient Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC, can help you expect as the next steps.

What makes a named executor unable to serve?

A grantor may have expected their named executor to be willing and able to assume this position when initially crafting this Last Will and Testament document. However, circumstances may have changed, and they may not have had enough time to revise this document before passing. Without further ado, below are examples of when a named executor may be unable to serve:

• The named executor has yet to reach the legal age of 18 upon a grantor’s sudden, unexpected passing.
• The named executor may have been recently diagnosed with a critical mental incapacity.
• The named executor may have been charged with a felony offense under New York State criminal law.
• The named executor may no longer be considered a U.S. citizen or may no longer reside in the country.

Also, there is the possibility that a grantor’s named beneficiaries may step forward and contest this executor appointment. Here, they may argue that the named executor has a history of substance abuse, financial dishonesty, or otherwise possesses characteristics that make them unfit to do justice in this role.

What happens if a named executor cannot serve a will document?

In an ideal scenario, a grantor may have also named a successor executor to fill this position should the primary executor be deemed unwilling or unable to take it on. But if this is not the case, intervention by the New York State Surrogate’s Court is unavoidable.

For one, an interested party may petition the court to be appointed as an administer cum testament annexo (c.t.a.), meaning “with the will attached.” Ultimately, though, the court may grant a Letter of Administration based on an order of preference, which reads as follows:

• The sole beneficiary named in the grantor’s Last Will and Testament document.
• If they decline, a residuary beneficiary named in the grantor’s document.
• If they decline, another interested individual of the grantor’s estate.
• If they decline, an individual who gets the consent of all named beneficiaries.
• If they decline, a public administrator recognized by the court.
• If they decline, a petitioner for the administrator c.t.a.
• If they decline, any other individual deemed suitable by the court.

In conclusion, you should retain legal representation before you even get close to hearing this court appointment. So please, contact a talented estate planning attorney in Putnam County, from the Law Office of Andres D. Gil, PLLC, today.