Q: My Mom named her nephew as the executor in her will. She just died, but he doesn't want to do it. What do we do now?
A: A nomination in a Will is simply that, a nomination. The nephew can opt out by signing a Decline to Act document. If there is an alternate executor named in the Will that person would have the next priority to act. If not, then the Probate Code will control who has the next priority.
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