Q: How does one renounce or transfer executorship of an estate in AL? Does it require a court appearance?
If one has been granted executorship through probate in Alabama, what is the process for renouncing / transferring the status to a willing individual (family member). Does the person in question need to make a physical appearance before the probate judge?
A:
If a person has not yet been appointed (i.e. granted Letters Testamentary) then they may renounce by writing and do not need to make a court appearance. If already appointed, it will require a resignation and may require a court appearance (by the individual or their attorney). The Executor who has been serving needs to account for his or her actions during that service and receive a discharge from the court. It helps if all of the beneficiaries of the estate agree to the discharge. The role falls to the next person named in the Will, or if no Will, the Court can appoint a party. As you can see there are many variables and it may help to get the guidance of the estate attorney.
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