COVID-19 Notice: In order to best serve you while doing our part to maximize health and safety, we continue to be available for telephone and Zoom video conferences, and documents can be prepared, reviewed, signed, and exchanged electronically. Call 646-561-9099 for your legal needs!

PROVEN LEGAL COUNSEL

For Estate Planning, Estate Administration And Disputes

How can I change my will’s executor?

On Behalf of | May 5, 2023 | Estate Planning |

Your will’s executor performs a vital function, so you need to choose whom you are appointing for this role carefully. Should you find a reason to change your executor later, you can do so in several ways.

Why might you change your executor?

After you pass away, the executor carries out your wishes as instructed through your will, including distributing your assets to your intended beneficiaries. Therefore, your appointed executor should be someone you trust.

You might decide to replace your executor simply because you changed your mind. Other reasons include:

  • You divorced your spouse, who was also your executor.
  • You and your executor had a falling out.
  • Your executor fell seriously ill or died.
  • Your original executor refused the role.

In general, people who want to replace their executor do not need to provide a reason for doing so.

How can you change your executor?

If you want to replace your executor, you can write an entirely new will. Doing so usually follows the same process as creating your original will. Should you choose to do this, it might be imperative that you destroy your previous will to prevent confusion among your beneficiaries later.

If you do not wish to create a new will, you may be able to write a codicil instead. A codicil is a supplementary document that explains or changes the terms of your will. This can serve to change who you are appointing as an executor. Like your will, a codicil needs your and witnesses’ signatures to be valid.

Following prescribed methods for changing all or portions of your estate plan helps prevent issues with implementing your will after you die. Working with a specialist in estate planning can help clarify potentially confusing steps and guidelines, ensuring that you do everything by the book.