Q: I was named to be executor in Georgia for a friends estate. Her son is in objecting to this. I no longer want to be….
the executor. I haven’t been appointed yet and want to resign from this. Too much hassle. Can I do this?
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A: File something like a Notice of Declination to Serve As Executrix with the Probate Court where the Will is filed. If not filed, then file your notice once Probate is commenced, or just inform the Estate's beneficiaries or whoever has the Will instrument.
A: You cannot be forced to be the executor. Make sure that you turn over the original will to the probate court and let the court know that you are declining the appointment as executor. If your friend's son is already in possession of the original will, let him know that you do not want to be executor. He will then need to provide you with the appropriate documentation to have himself named as executor instead of you. You can sign it and turn it over to the probate court. Schedule a free consultation to make sure you take the necessary legal steps to remove yourself as executor.
Richard Winblad agrees with this answer
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