If I am named as executor in a Will, do I have to serve?

No. If you choose not to serve, the Court will probably appoint the alternate executor to be the personal representative. If there is no alternate executor, or if that person doesn’t want to serve, the Court will appoint someone to serve.

The Court usually appoints a capable family member or an independent professional fiduciary. If you decide to be the personal representative, you can resign at any time. But, you may have to give an “accounting” to the Court for the time you served.

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