After naming a will executor, a person hopes the candidate accepts the role and its responsibilities. When things do not work out, the individual may need to choose a new executor.
SmartAsset explains how to change an executor and when to do so. Estate plans sometimes require updates to remain aligned with a person’s desires.
Reasons to name a new executor
Because of the time and consideration involved with naming an executor, individuals may hesitate to consider new candidates. Times to think about changing executors include if the original executor becomes severely ill or dies, after divorcing an executor spouse, if the original executor no longer accepts the role and if the parties have a falling out.
Using a codicil to change executors
While an individual does not need a reason to change executors, she or he must use the right legal document to initiate the change. Otherwise, the court may not consider the modification legal. The right way to appoint a new candidate is with a codicil. The legal amendment allows a person to change executors without drafting a brand-new will. Besides naming a new executor, codicils make other term revisions legal.
When writing a codicil, parties should note the reason for changing the will, the new executor and when the change goes into effect. They must also validate the codicil the same way they validated their will. If a person wants to make additional changes to the will other than naming a new executor, it makes sense to draft a new legal document.
Parties should always feel confident and comfortable about their executor choice. Lingering doubts may require an estate plan review.