If you have been named as the executor of another person’s estate this does not mean that you must serve as the personal representative. You have a choice about being appointed in this role and since the court does still need to appoint you, it’s a good idea to get legal counsel and discuss what it means to serve as the executor so that you can make the right decision for you.
The attorney that you reach out to can also help you in understanding what comes next if you make the decision that you do not want to serve as the personal representative of an estate.
An estate administrator must be appointed to handle closing out the affairs of the deceased because this person will need to take on all of the tasks that would have otherwise been fulfilled by you as the executor.
You have the ability to decline the responsibility of serving in a loved one’s estate as the executor. If the deceased individual took a proper planning step to appoint a backup executor, this backup representative will take on this responsibility of seeing the will and rest of the estate through the probate process, but you will need to decline the responsibility for serving first.
In the event that the deceased’s last will and testament did not name a backup executor, then the court holds the responsibility for appointing an individual, estate administrator, or personal representative.
If you have more questions about how this process works, schedule a consultation today with an estate planning lawyer whether you believe that you might have been appointed as a personal representative or have questions about appointing someone for your own will.
Contact your Massachusetts estate planning lawyer.
