Executor Duties

• Executors are responsible for choosing a lawyer to represent the estate, notifying insurance companies of the deceased individual's death, locating the property included in the estate and obtaining appraisals, advertising the deceased individual's death to creditors, using the assets in the estate to pay the deceased person's debts, and distributing the remaining property to the beneficiaries the deceased individual named in his will. Executors typically receive a fee equal to a small percentage of the total value of the estate as compensation.
  
  

Changing the Executor Before Death

• If you name an individual as executor of your will and later decide to replace him with someone else, you can either amend your will or draft a new one to make the alteration. To amend your will, you must create a codicil, a document that legally alters the terms of your original will. To replace the executor by creating a new will, you must include the name of the new executor in another document that revokes your previous will and restates all the provisions you don't want to change.
  
  

Removing an Executor Before Appointment

• When an individual dies, his will becomes irrevocable, so you can't amend it and designate a new executor. You can't remove an executor for misconduct, either, because he hasn't assumed his position yet. However, you may be able to change the designation if you have a reason to contest the will. The court may deem a will invalid if it wasn't properly signed, the deceased person didn't have the mental capacity to create it, another individual heavily influenced the deceased person or if the will is fraudulent.
  
  

Removing an Executor After Appointment

• Laws in most states require the executor of a will to protect the interests of the estate and its beneficiaries. Beneficiaries may be able to remove an executor from his duties if he doesn't perform them responsibly. To remove an executor from his position, you must petition the court for his removal and provide evidence of his inability to continue in the role. The court may agree to remove the executor if he has a conflict of interest or has used his power in a way harmful to the estate.
  
  

Replacement Executors

• Some individuals name alternate executors who can assume the position if the primary executor isn't able to serve, steps down or must be removed. If the court removes an executor and the will doesn't name a successor, the court will appoint someone to serve as the estate's representative for the remainder of the proceedings.