Morris Hall, PLLC

Estate Planning Attorneys

MakePayment with multiple options
CALL NOW: 1 (888) 222-1328
  • Home
  • Our Firm
    • About Morris Hall
    • Attorneys
    • Our Team
    • Morris Hall Core Values
    • Communities We Serve
      • Carefree
      • Chandler
      • Flagstaff
      • Mesa
      • Oro Valley
      • Phoenix
      • Prescott
      • Scottsdale
      • Sedona
      • Tucson
    • Career Opportunities
  • Estate Planning Services
    • Advanced Estate Planning
    • Asset Protection
    • Power of Attorney
    • Trust Administration and Probate
    • Wills and Trusts
  • Resources
    • Blog
    • Do I Need an Estate Plan?
    • Elder Law Reports
    • Elder Law Resources
      • Phoenix Elder Law
      • Tucson Elder Law
    • Estate Planning Problems
    • FAQs
    • Probate Resources
      • Probate
      • Flagstaff Probate
      • Phoenix Probate
      • Sedona Probate
      • Tucson Probate
    • Published Books
      • Don’t Go Broke in a Nursing home
      • Tax Free Money for Long-Term Care!
    • Recent Law Changes and Improvements Affecting Arizona
      • Update My Living Trust
    • Reports
    • Videos
    • What to Do When Death Occurs
      • What Not To Do When Someone Dies
      • Who To Contact After A Loved Ones Death
  • Reviews
    • Testimonials
    • Review Us
  • Locations
  • Events
    • Seminars / Webinars
    • Past Webinar Recordings
  • Contact
    • Consultation Policy
    • Contact Us
    • Discounts

Can I Refuse the Job of Executor?

February 17, 2023 by Morris Hall, PLLC Leave a Comment

Can I Refuse the Job of Executor?

One of the first practical steps that must be taken after someone dies is to determine if the decedent executed a Last Will and Testament. If the Will is located, it should indicate who the decedent appointed to be the Executor of the estate. If that person is you, it is completely understandable if you have mixed emotions about being about. Ultimately, do you have to accept the appointment though?  Our Phoenix probate attorneys at Morris Hall PLLC explain what to do if you do not want to accept the job of Executor.

Probate Basics

Because most people leave behind an estate when they die, the law has a vested interest in making sure the assets included in that estate are properly handled. Probate is the legal process that identifies, values, and eventually distributes those assets. Probate also allows a Will to be authenticated or challenged (if one was left behind), creditors to be notified and file claims against the estate, and all debts of the estate to be paid. If the decedent executed a Last Will and Testament prior to his/her death, that Will should indicate who the decedent wanted to be the Executor of the estate.

What Does an Executor Do?

Just as no two individuals are identical, neither are any two estates identical. Consequently, the probate process will not be exactly the same for all estates. There are, however, some common duties and responsibilities you can expect to take on if you accept the position of Executor, including:

  • Identifying and securing estate assets. Immediately upon learning of the decedent’s death, the Executor of the estate must try to identify and secure as many estate assets as possible.
  • Initiating the probate of the estate. A petition, along with an original copy of the Will and a certified death certificate are usually required to be filed with the appropriate court in order to get probate started.
  • Categorizing, inventorying, and valuing estate assets. Because not all assets are probate assets, all assets must be categorized as probate or non-probate.
  • Notifying creditors. Creditors must be notified and given an opportunity to file a claim against the estate.
  • Reviewing creditor claims. The Executor must review all claims submitted and approve or deny each one. Approved claims are paid out of estate assets.
  • Defending against challenges. In the event that someone decides to challenge the validity of the Will submitted for probate, the Executor is responsible for legally defending the Will throughout the ensuing litigation.
  • Managing assets. Throughout the entire probate process, the Executor has a duty to manage and protect all estate assets until they are transferred to a new owner.
  • Calculating and paying estate taxes. The Executor must determine if any federal and/or state gift and estate taxes are due from the estate and any tax debt owed must be paid.
  • Transferring assets to beneficiaries and/or heirs of the estate. At the end of the probate process the Executor will transfer the remaining estate assets to the intended beneficiaries and/or heirs of the estate.

Turning Down the Job of Executor

One benefit of executing a Will is the ability to appoint someone as the Executor of your estate. For many people, it is a comforting thought to know who will be in charge of their estate assets after they are gone. The court, however, must approve that appointment and make the appointment official. If someone recently passed away and named you as the Executor of their estate, you are not obligated to accept that appointment. Maybe you recently moved out of state and acting as the Executor would not be practical. Your job and/or family obligations might not leave you with sufficient time (or energy) to serve as the Executor. Or it could be that you simply don’t want to take on the responsibility. The good news is that you can turn down the job of Executor without any repercussions. If you have an original copy of the decedent’s Will, however, you may be obligated to submit that to the appropriate court within a relatively short period of time.

Contact Our Phoenix Probate Attorneys

For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about serving as an Executor, contact the experienced Phoenix probate attorneys at Morris Hall PLLC by calling 602-249-1328 to schedule your appointment today.

  • Author
  • Recent Posts
Morris Hall, PLLC
Morris Hall, PLLC
Company at Morris Hall, PLLC
For more than five decades, Morris Hall has been providing quality estate planning legal services for its clients seeking opportunities to preserve wealth and assets through estate preservation plans.

In fact, estate planning, asset preservation and probate law have been our only areas of practice. We are proud to have helped thousands of individuals of all levels of wealth and assets, people concerned about protecting their families from the devastating legal and financial effects of disability and death.
Morris Hall, PLLC
Latest posts by Morris Hall, PLLC (see all)
  • Why Do I Need an Estate Plan? - March 31, 2023
  • Protecting Your Assets from Marriage and Divorce - March 30, 2023
  • Getting Ready for Retirement: Top 10 Tips - March 29, 2023

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

MH logo

Main Office

7600 N 16th St, Ste 105

Phoenix, AZ 85020

Phone: 602-249-1328

Fax: 602-248-2887

Subscribe to Our Newsletter

For a sample Click Here

Offices

Our law firm proudly serves many areas in Arizona. See all of our locations here.

Our law firm proudly serves the state of Arizona.  See all of our locations here.

Toll Free: 888-222-1328

Mon-Thur: 8:00am – 5:00pm
Fri: 8:00am – 4:00pm

  • Linkedin
  • Twitter
  • Facebook
  • Youtube
  • Instagram

Need an Estate Planning Lawyer in Arizona?

Looking for an estate planning attorney near you? We have office locations in Phoenix, Mesa, Chandler, Scottsdale, West Valley, Carefree, Prescott, Sedona, Flagstaff, Tucson, and Oro Valley in Arizona so please visit us at the location that is closest to you.

  • © 2023 American Academy of Estate Planning Attorneys, Inc All rights reserved.
  • Disclaimer