Can I Replace the Executor of My Will?

Life is never predictable. Plans change, and that applies to the terms of your Will. Suppose you delegate your older brother as executor of your estate, but he has moved to another country and doesn’t stay in touch like he used to. You know you’d feel more comfortable having someone closer to home to manage your affairs when you’re gone.

If you already have a Will, you likely put a lot of thought into all aspects of this document, including the person you delegate to carry out your instructions. However, it’s common to make necessary changes to a Will, including the executor.

Reasons to Change the Executor

You might think it inappropriate or inconsiderate to change the executor of your Will. However, you want whomever you choose to be the best fit, someone you trust enough to carry out your wishes effectively and responsibly.

People have several reasons for changing their executor delegation. Any of the following might apply to you:

• Your current executor passes away or becomes too ill to carry out your wishes.
• The person you delegate no longer wants to do it.
• You originally named your spouse but are now divorced.
• You thought of a different person who can better execute your Will and estate.
• You and the executor no longer get along, or you no longer trust this person.

How Do I Change My Executor Delegation?

You don’t need to state a specific reason for changing your executor. When you’re ready, you have options depending on your situation and whether you need to make other changes. It’s wise to consult a Will and estate attorney near you to know the best course of action.

Codicil

If you don’t want to write a new Will, you can add a codicil, a written amendment that reflects your new executor and any other change you want to make.

Finally, your lawyer validates the codicil, which includes signing and dating in the presence of two witnesses with no vested interest in the Will. Attach the codicil to your original Will and keep multiple copies, with the original remaining with your lawyer.

A New Will

If you need to make several changes in addition to the new executor, it may be more advantageous to draft an entirely new Will. Your attorney will take you through the same process, which includes proper signing with uninvolved witnesses. Another crucial step is destroying the old Will to avoid confusion or disagreements over the terms.

Changes to the Executor After Your Passing

Your Will may need a new executor after you’re gone. Your beneficiaries or survivors may file a lawsuit or petition the probate court to remove a current executor if they claim that person isn’t fulfilling their duties the way they should, has a conflict of interest, or is mismanaging funds or assets.

Support from Your Cincinnati Estate Planning Attorney

Regularly updating your Will is a sound move to ensure proper handling of your estate after you’re gone. Changing your executor doesn’t have to be complex, but it makes sense to enlist an estate planning attorney at Donnellon, Donnellon & Miller for assistance. They’ll make sure you follow all the necessary steps to avoid headaches and conflicts later.