Free preview A05 Declination of Executrix to Serve as Administrator
Free preview
A05 Declination of Executrix to Serve as Administrator
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8465. (a) The court may appoint as administrator a person nominated by a person otherwise entitled to appointment or by the guardian or conservator of the estate of a person otherwise entitled to appointment. The nomination shall be made in writing and filed with the court.
It is the executor's or the administrator's responsibility to collect and distribute the assets and to pay any death taxes and expenses of the decedent.
Paying any debts and liabilities of the estate, owing prior to death; defending the Will of the deceased if litigation is started against the deceased's estate; attending to tax returns for the deceased and their estate; distributing the estate in accordance with the deceased's Will.
An executor is a person named in a Will whom the deceased person appointed to administer their estate.An administrator is the person appointed by the court to administer the deceased person's estate where the deceased did not have a Will, no executor is appointed, or the appointed executors do not or cannot act.
Administrators. If no living executors are named in the will, or if the executors named can't or don't wish to act, or there is no will, then one or more beneficiaries can apply to act as an administrator. A beneficiary is appointed an administrator once a 'grant of letters of administration with Will annexed' is given
An administrator is an individual appointed to dispose of the assets of the estate, manage any creditors, and pay fees out of the estate for any required attorneys, appraisers or accountants.
An executor (male) or executrix (female) is the person named in a will to perform these duties. An administrator (male) or administratrix (female) is the person appointed by the probate court to complete these tasks when there is no will or no executor or executrix has been named in the will.
If you do not want to be the executor, then you do not have to allow the court to appoint you to this role. You can decline to take on the responsibility. If the deceased person named a backup executor, the backup executor will take the responsibility of seeing the will through the probate process.
You can step down as executor before formal court appointment without giving a reason. In most states, all you need to complete is a Renunciation of Executor form, which is a legal document that states the person named in the will as executor will not act as executor for the estate.