If the named trustee or executor is unavailable, ineligible, or unwilling to serve prior to court appointment, there are a variety of way for the trustee or executor to resign from the trustee duties.
Removal of an executor after court appointment can be difficult if the balance of representation or power in of a trust or estate is involved. Some beneficiaries of blended families may feel safe with the suggested replacement executor.
In other cases, families are in agreement regarding who should serve as successor.
In either situation, any attempt at substitution and appointment of a successor executor needs to be consummated with caution. Executor transitions must be made with an eye to liability and risk management, tax efficiency, regulatory issues.
Consult with an attorney to ensure the executorship is consummated with technical correctness. An attorney can discuss the benefits of formal vs informal probate with you.
Discussion of issues surrounding the removal of an executor, who is unwilling to be removed, would require consultation with an Attorney
Depending on the Executor's response to resignation, there are a large number of potential ways to assist an executor with resigning.
Appointing a replacement executor can be necessary for a variety of reasons. Ensure compliance with the terms of your will.
When an Executor is no longer able or qualified to serve, it might also be necessary to remove or request stipulation to the resignation of the same individual if they are serving as the Trustee.