How to Sign Over an Executor of a Will

Being the executor of a will is a great responsibility because the deceased has entrusted you to to carry out his wishes. However, when the times comes, you may find yourself incapable or unwilling to carry out these duties. In this case, you may sign over this position by filing a declination form. If the deceased named a contingent executor, he will become the executor. If no contingent executor was named, or if the contingent executor also declines the position, the probate court will appoint an executor.

Instructions

1. Acquire the declination form for your state or jurisdiction. The necessary form varies between states, but can be obtained from the probate court overseeing the will and estate.

2. Fill out the declination form. You will need to know the name of the probate court and case number, if one has been issued. Under case name you will enter "Estate of" followed by the name of the deceased. Enter your own name under fiduciary. You may also need to fill in your phone number and home address. Sign the form.

3. File the completed form with the probate court. The contingent executor will then become the executor, if one was named in the will. Otherwise, the probate court will appoint a new executor.

References

• Judicial Branch of Georgia: Georgia Probate Proceedings
• Consumer Action Website: Wills & Funerals
• New Hampshire Judicial Branch: Instruction for Completing Declination