Peace Of Mind For Your Family And Your Future

Can someone name you as an executor without your permission?

On Behalf of | Mar 1, 2023 | Estate planning

When a loved one begins the process of writing their will, you likely feel that you can rest easy knowing that they are putting their affairs in order. However, you might have a change of heart if it comes to light that your loved one is attempting to pass on a responsibility you do not wish to take.

If a friend or family member names you as the executor of their will, the expectation is that you will work closely with the probate courts and oversee all matters regarding the assets and finances relevant to the will. You might wonder, though, if it is even permissible for someone to name you as an executor without your consent.

Your options when you do not wish to be an executor

It is possible for someone to name you as the executor of their will without your knowledge or permission. However, you have the right to refuse this responsibility unless you are already in a binding agreement to carry it out. In all other cases, though, the probate court will not go through with appointing you as executor if you are unwilling.

The testator’s options when no one wants to be an executor

The testator, or person writing a will, needs an executor who will oversee the distribution of assets following their death. The testator has the option of not naming an executor in the document, but this can still be burdensome on the family as the court will then seek a willing individual during the probate process. A better alternative might be to name a legal professional or reputable financial institution as executor.

Though a friend or family can certainly attempt to name you as executor, you have no obligation to assume the responsibility against your will.