When might you need to change your executor?

When you named your current executor, you may have thought they would assume their duties when the time came. However, this may not happen. You may need to name another party to serve.

Here are five circumstances that may require you to change your executor:

Divorce

If you had appointed your spouse as your estate’s executor and have since gotten a divorce, you need to choose someone else. California law automatically revokes the appointment of an ex-spouse as an executor after divorce. Therefore, if you fail to name another party, your estate may have no one to administer it because the court may refuse to appoint your ex-spouse.

Unwillingness to serve

While the person you named may have been willing to assume the role, they may no longer want it. Things may have changed in their life – they may have new responsibilities that make them believe they will be unable to serve competently, a conflict of interest between them and the beneficiaries may arise or they may move far from you, and the challenge of traveling back and forth may be overwhelming.

If this happens, you need to name another party. You should also consider picking an alternate executor to make work more manageable in such circumstances.

Fall out

You may fall out with your executor. This may be due to personal conflicts, or you may disagree on matters related to the estate – for instance, you may disagree with how they are handling their immediate roles. If this happens, you need to choose someone you can trust.

Incapacitation

If your executor cannot fulfill their duties due to incapacitation, you need to choose someone else.

Death

If you outlive your executor, you will need to appoint someone else.

Changing your estate’s executor is not always as complicated as presumed. Obtaining more information about the procedures to follow can help you have a smooth experience.