What if I Don’t Want to Be an Executor?

What Disqualifies and Executor?

Even a named Executor that is ready and willing to serve may not be appointed by the Court for reasons including that they are not a U.S. citizen, they are convicted felon, they have not reached the age of 18, or they lack mental capacity.

What Happens When Someone Not Named in the Will Becomes Executor?

A proceeding where someone not named in the Will petitions the Court for the probate is called an Administration c.t.a. The abbreviation “c.t.a.” stands for cum testament annexo, Latin for “with the will attached.” An administrator c.t.a. functions like an Executor, because he or she has the authority to collect and distribute the decedent’s assets pursuant to the terms of the Will.

Who Can Serve as Administrator C.T.A. in New York?

Under New York law, the following individuals, in order of priority, may serve as Administrator c.t.a: (1) the sole beneficiary named in the will (if any), or if she or he is deceased, her or his fiduciary; (2) one or more of the residuary beneficiaries, or if any is deceased, her or his fiduciary; (3) if no eligible person under the first two categories will accept, the Surrogate may appoint as Executor one or more individuals interested in the estate, or if any is deceased, to his fiduciary.

What if No One Wants to be the Executor of the Estate?

If there is still no eligible person who will accept and no appointment is made upon the consent of all beneficiaries, then Letters of Administration are issued to the Public Administrator of the local county. The Public Administrator is a county government office in New York that manages the estates of deceased residents; each county has one. They are responsible for collecting and distributing assets, paying bills and taxes, and making funeral arrangements. Public Administrators are involved when no one else can act or wants to act.

The Role of an Executor Can Be Challenging

Those who are nominated in a Will to serve as Executor or successor Executor should make sure they understand the role an Executor plays and the responsibilities they will have to the beneficiaries under the Will. It can be a demanding role and should be taken seriously. There is no duty to serve as an Executor if nominated in someone’s Will, but once one accepts that role, there are duties and obligations that follow.

Executors are often represented by an attorney to ensure they are properly carrying on the legal responsibilities bestowed upon them. If nominated as an Executor, it is important to be sure you are prepared for the various aspects of the job as it relates to the individual estate.

By Britt Burner, Esq. & Erin Cullen

Britt Burner, Esq. is a Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Elder Law. Erin Cullen is a graduate of the Maurice A. Dean School of Law at Hofstra University. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.