You might need to make changes to the decisions you initially made when drafting your estate plan. And one such change is replacing your executor. Changes in your life or your executor’s life may necessitate the appointment of another party.
Here is when to replace your executor:
Unwillingness to serve
The person you named as your executor might no longer be willing to serve, even though they had accepted the role. This may happen because they have new responsibilities in their life that make it challenging for them to assume their duties, or a conflict of interest may have arisen.
When your executor tells you they are no longer able to accept the appointment, you need to respect their decision. With the sensitivity of the role, you want someone who is genuinely willing and fully committed to serve.
Dissolution of your marriage
If you had named your spouse as your executor and you go through a divorce, California law will automatically revoke the appointment. Thus, it will be best to name another party. However, if you want your ex-spouse to hold the position, you need to express so in your will.
Falling out
You should be able to trust that your executor will make decisions that respect your wishes and protect the interests of your beneficiaries. If you have a falling out with your executor, you need to replace them with someone you trust.
Incapacitation or death
If your executor becomes physically or mentally incapacitated, allow your loved one to get the help they need while you pick someone else. An executor should be able to fulfill their duties effectively.
Lastly, if you outlive your executor, you need to name someone else.
If you are dealing with a situation that requires you to change your executor, get more information about the steps to follow to validate your new appointment.