Executors Quitting: Can an Executor Quit the Job of Administering the Estate?

The job of an executor is not easy; there’s a number of different responsibilities to prepare the estate for distribution. Many executors agree to take on the role without fully understanding the responsibilities and duties that it entails. Many executors feel overwhelmed and like they’ve taken on a second job once they start administering the estate. They sometimes wonder if they can quit and appoint someone else as the executor. If an executor has already started administration and wants to quit, they have limited options.

Quitting After Administration has Already Begun

In short, no – executors can’t usually quit before they finish the job once the administration process has begun. Before an executor can leave their position, the courts must approve a petition for removal. This is only necessary if the executor has already started the estate administration process. If the executor has a valid reason for requesting removal, courts can grant it.

An example of a valid reason could be an extreme personal health emergency. If you change your mind halfway through the administration process because it’s too difficult or you lack time, it’s not a valid reason to get removal as executor. To get a petition for removal approved by the courts, the executor must provide detailed accounts of all estate transactions. Essentially, they must leave the estate in a state where another person could easily take over.

Other Options for Executors

If the executor is in the middle of administering an estate and wants to quit, there are options available. Many executors choose to hire professionals to assist them. Depending on the specific issues the executor is having with the administration, accountants or lawyers can be very helpful. While the executor has the authority to handle the estate’s assets, others can assist them with their duties.

If you’re an executor wanting to quit, simply stopping estate administration is not a good option. It could result in you being held liable for resulting losses. Beneficiaries of the will can take action to force the executor to speed up the process. If the executor continues to unduly delay the administration of the estate, they can be removed and held personally liable for any losses suffered by the beneficiaries as a result of the mishandling of the estate. Leaving the executor’s duties untouched is never a good option for an executor, and an executor who finds themselves at their wits end should seek professional assistance with their duties.

Resigning Before Administration has Begun

Before being legally appointed executor of the will, the named executor can resign from their role. As described in section 104 of the Wills, Estates and Succession Act, this is called renunciation of executorship. The executor does not need to provide any reason for resigning; they simply must file an official document with the courts. After renunciation of executorship, the executor can’t “go back” and try to gain executor status at a later time. If there is an alternate executor named in the will, they will be appointed the duties of executor. If there is not, an interested party can apply to be the administrator, similar to the process of an executor being chosen in an intestate estate.

When the will-writer is still alive, it’s easiest to simply notify them that you do not want to be their executor after they pass away. This way, the will-writer has the option to name someone else who they want to be their estate’s executor, avoiding a lengthy renunciation of executorship and reappointment process after their death. You will not have to file any official documents with the court if the will is changed to name someone else as the executor.

If you’ve been named as an executor of an estate and you do not want to take on this role, contact an experienced lawyer today. We can work to ensure that you are lawfully removed as executor when it’s an option, or help to make the administration process as easy as possible.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.