What To Do When an Executor of a Will Can't Serve

 When a person creates a Will, they typically appoint a trusted loved one to administer their estate called an executor. Many Wills are created long in advance of death and circumstances can change. Our office encounters many situations where the named executor in Pennsylvania cannot or will not accept the role.

An alterative executor may be necessary for a variety of reasons. The most obvious is when the executor passed away before the person who wrote the Will. But other reasons may include poor health or simply feeling unprepared to take on the responsibilities.

If the Will names an alternate executor, the alternate is generally next in line. The first named executor simply needs to sign a document called a renunciation in favor of the alternate. However, the situation becomes more challenging if the alternate cannot serve. A petition for Grant of Letters of Administration (rather than Letters Testamentary) must be filed by the person seeking appointment. Pennsylvania law sets the order of priority in selecting an Administrator when the named executor(s) cannot serve. The law prioritizes the residuary beneficiaries of the Will and the intestate heirs before other persons. If there is any disagreement between other beneficiaries, the Register will consider both legal priority and also which candidate is most capable of handling estate business and treating beneficiaries fairly.

The practical challenge tends to be found in obtaining renunciations. If the Will names many residuary beneficiaries and there are many intestate heirs, it is usually easier to proceed with a court petition rather than waiting months for notarized renunciations.

courtesy of michael daiello, esquire - 215-918-4242