You can remove any party you name in your estate plan, including your personal representative/executor. Circumstances in your life may change from when you appointed your existing executor. Accordingly, you may want to replace them.
Below are four examples of such circumstances:
Divorce
If you appointed your spouse as your executor and have since dissolved your marriage, you may choose another party to administrate your estate.
Unwillingness to serve
An executor should be willing to serve. Therefore, if your executor is no longer willing to accept the appointment, you should find someone else.
While you may have asked your initial chosen party if they wish to serve before naming them, consider following up regularly. Always confirm they are still willing to commit to the role, especially as your estate grows.
It can also be beneficial to name an alternate personal representative(s). This way, if the appointed one is unwilling to serve at any time, the alternate one can assume the primary role. You can also give your named executor the authority to nominate another person to serve in their place. All these can make work more manageable for your loved ones if your executor ever changes their mind.
Falling-out
If you and your executor are no longer on good terms, appoint another party. You don’t want someone you can’t see eye to eye with managing your estate.
Incapacitation/death
Your executor may become physically or mentally incapable of assuming their duties. In such an instance, you will need to name another party who can manage your properties, communicate with beneficiaries, pay creditors, pay taxes and so on.
If you outlive your executor, you will also need to name another one.
If you believe it’s time to change your executor, seek legal guidance to determine how to do so without difficulties.
