Can an executor refuse or step down?

Maybe your aunt named you in her will years ago, and now the call has come. Or maybe a friend asked, and you said yes before you understood the job. Either way, you are allowed to say no.

This post explains how to decline, how to step down once you have started, and what happens next. We use Washington as the worked example. For the full job you would be taking on, see our guide to the executor of an estate.

Can you say no to being an executor?

A will names an executor, but it can't make anyone serve. Washington's statute plans for it directly. If some named executors decline, letters go to the others named; if all decline, the court appoints someone else (RCW 11.28.010).

Other states have their own procedures. A local probate lawyer can tell you the form your court expects.

Saying no isn't a failure. An executor is a fiduciary, meaning legally required to act in the estate's interest and follow what the will says. If you can't give the job that care, stepping aside early is the responsible choice.

Before you decide: what the job asks

The work usually runs for months. It includes opening probate, notifying heirs and creditors, preparing an inventory, paying debts and taxes, and distributing what is left. Our executor checklist lays it out by month.

Some questions to ask yourself:

• Do I live close enough to handle the house, or can I pay someone who does?
• Can I make time for calls, paperwork and deadlines over the next year?
• Are there relatives likely to fight about the will?
• Am I steady enough right now, given my own health and family?
• Would I be comfortable hiring a lawyer and an accountant and supervising them?

How to decline before you're appointed

Declining is simplest before the court issues letters testamentary. Nothing has been handed to you yet.

1. Deliver the will anyway. In Washington, anyone holding a will must deliver it to the court or the executor within 30 days of learning of the death. An executor holding it must deliver it to the court within 40 days (RCW 11.20.010).
2. Tell the family and any co-executor or backup. The sooner they know, the sooner someone else can file.
3. Put it in writing. A short signed statement gives the court and the family a clear record. A probate lawyer can prepare it in the form your court uses.
4. Don't start acting for the estate. Avoid moving money, selling property or paying bills as executor.

Who takes over if you decline?

First, the will itself. If it names a co-executor or a backup, letters go to them (RCW 11.28.010).

If everyone named declines, Washington follows a set order. A surviving spouse or registered domestic partner comes first, or someone they request. Then children, parents, siblings, grandchildren, and nieces or nephews (RCW 11.28.120).

Next comes a fiduciary such as a trustee who controlled substantially all the assets. Then come beneficiaries, certain state agencies and principal creditors (RCW 11.28.120). If nobody petitions within 90 days of the death, the court may appoint any suitable person.

Our post on what happens if the executor can't serve covers that path in more detail.

Can an executor step down after starting?

Yes, though it takes more than a phone call. Washington's statutes plan for a personal representative who resigns before the estate is settled.

• A successor is appointed. Letters go to whoever would have received them had you declined at the start, unless the will or the court says otherwise (RCW 11.28.280).
• You account and hand everything over. A resigning personal representative must account for and deliver all money, property and papers to the successor, as the court orders (RCW 11.28.290).
• Creditors are told. If notice to creditors was already published, the successor publishes notice of the vacancy and succession for two consecutive weeks (RCW 11.40.150).
• The successor can ask for the same powers. A successor may petition for nonintervention powers (RCW 11.68.060).

If there were co-executors, the ones who remain simply carry on with the full duties (RCW 11.28.270).

Stepping down midstream adds time and cost for the estate. If you have doubts, it is kinder to raise them before you file.

What if an executor just stops doing the job?

That is different from stepping down. In Washington, the court can revoke an executor's letters for several reasons. They include neglect, mismanagement and "any other cause or reason which to the court appears necessary" (RCW 11.28.250).

Heirs and other parties can also petition the court over a breach of fiduciary duty. Remedies include removal, surcharge and an award of fees (RCW 11.68.070). If you can't continue, resign properly rather than letting things slide.

Options between yes and no

Declining isn't the only way to lighten the load.

• Serve, and hire help. A probate lawyer, an accountant and an estate sale company can do much of the work. Their fees are estate expenses.
• Let a co-executor lead. If the will names two of you, one can take on more.
• Ask a professional to serve instead. In Washington, trust companies organized under state law may serve as personal representative (RCW 11.36.010). Our guide to professional fiduciaries explains what they do.

You may also be offered a fee. In Washington, if the will sets the executor's pay, that amount controls unless the executor gives it up before serving (RCW 11.48.210). Our post on executor fees in Washington explains more.

If you are naming your own executor

The best gift to whoever you name is a backup. If your first choice declines, a second name in the will avoids the statutory order entirely. Our post on naming a backup in every role explains why.

Some people name a family member first and a professional second. Kinly members can name Trella Trust Company, a Washington State chartered trust company, as executor, first or as backup to someone they choose. Our guide to choosing professional help compares the options.

Common questions

Can I refuse to be the executor of a will?

Yes. Being named doesn't oblige you to serve. In Washington, if a named executor declines, letters go to any other executor named; if all decline, the court appoints someone under the statutory order.

Do I still have to deliver the will if I decline?

Yes, in Washington. Anyone holding a will must deliver it to the court or the executor within 30 days of learning of the death. An executor holding it must deliver it to the court within 40 days.

Can an executor resign after being appointed?

Yes, with the court's involvement. Washington's statutes provide for a successor when a personal representative resigns. The departing executor must account for and hand over all money, property and papers.

Who becomes executor if I say no?

A co-executor or backup named in the will comes first. If there is none, Washington's order starts with a surviving spouse or registered domestic partner, then children, parents, siblings, grandchildren, and nieces or nephews.

Does declining mean I lose my inheritance?

Declining the job is a separate question from what the will leaves you. If you are unsure how a particular will treats it, ask a probate lawyer to read it with you.

Sources

• RCW 11.20.010: Duty of custodian of will (Washington State Legislature)
• RCW 11.28.010: Letters to executors, refusal to serve (Washington State Legislature)
• RCW 11.28.120: Persons entitled to letters (Washington State Legislature)
• RCW 11.28.250: Revocation of letters (Washington State Legislature)
• RCW 11.28.270: Powers of remaining personal representatives (Washington State Legislature)
• RCW 11.28.280: Successor personal representative (Washington State Legislature)
• RCW 11.28.290: Accounting on death, resignation or revocation (Washington State Legislature)
• RCW 11.36.010: Who may serve as personal representative (Washington State Legislature)
• RCW 11.40.150: Notice after a vacancy (Washington State Legislature)
• RCW 11.48.210: Compensation of personal representative (Washington State Legislature)
• RCW 11.68.060: Successor to nonintervention powers (Washington State Legislature)
• RCW 11.68.070: Remedies against a personal representative (Washington State Legislature)