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5 common reasons for refusing to be an executor

On Behalf of | May 11, 2021 | Estate Planning

There are times when what seems like an ideal arrangement to one person may not seem right for another person involved. This can be especially true when a Florida resident is trying to find the right executor for his or her estate. It is not unusual for individuals to think they have the perfect candidate in mind only for the candidate to have no interest in taking on this responsibility. In other cases, a potential candidate may now know whether to accept the role.

Some people may feel a sense of obligation to accept if someone asks them to be the executor of an estate. However, it is important to keep in mind that the executor has numerous duties when it comes to closing an estate. It is common for these responsibilities to take up much of the executor’s time, and it can easily become overwhelming.

If someone is trying to decide whether to take on this position, he or she may have reason not to if any of the following details apply:

  • The candidate believes that he or she will be too emotionally upset by the person’s passing to effectively handle so much responsibility at such a difficult time.
  • The candidate does not live near the individual making the request.
  • The candidate anticipates a particularly contentious probate process and does not want to handle any disputes.
  • The candidate does not feel that he or she has the knowledge or skills to properly handle the process.
  • The candidate has other personal obligations that would prevent him or her from having the time to see the estate through probate.

While being asked to be the executor of a Florida estate can certainly be flattering because a person trusts the individual to handle such an important matter, it is within anyone’s rights to refuse the position. In the event that a person does not want to take on the role, saying so as soon as possible may allow the other party to find someone else to ask. If individuals do take on the position, it is important to remember that seeking legal assistance from experienced attorneys during probate is an option.