When the Executor Doesn’t Want the Job: What Happens Next?

Not everyone wants to take on the responsibility of settling an estate. Here’s what happens when an executor declines the role and what to do next.

Being named the executor of someone’s estate might feel like an honor—but it’s also a major responsibility. From filing paperwork with the probate court to handling debts, taxes, and distributions, executors can spend months (or longer) managing the process. So what happens when the person named doesn’t want the job?

Whether it’s due to grief, distance, personal obligations, or simply not feeling up to the task, declining to serve is more common than you’d think. Here’s what happens next and what the family or alternate parties need to know.

1. An Executor Can Say No

Just because someone is named in a will doesn’t mean they’re legally obligated to serve. If they haven’t started acting as executor (like accessing funds or signing legal forms), they can usually decline by submitting a written renunciation to the probate court. The court then moves on to the next named person, if there is one.

If the executor has already started the process, they’ll need to formally resign and in some cases, the court will require a reason or even appoint someone else in their place.

2. If There’s a Backup Executor, They’re Up Next

Most well-written wills name a successor executor or a backup person in case the first choice is unable or unwilling to serve. If that’s the case, the successor simply petitions the court to be appointed in place of the original nominee.

Keep in mind: This is why it’s a good idea to name at least one alternate executor in your will.

3. No Backup? The Court Will Step In

If no backup executor is named or if all named executors decline, the court will appoint someone, typically in the following order of priority:

• A willing and qualified beneficiary

• A family member with legal standing

• A third party like a public administrator or attorney

  
  

The court’s goal is to find someone impartial and capable of managing the estate in accordance with state law and the deceased’s wishes, if known.

4. Why People Decline (And Why That’s Okay)

Declining the role doesn’t mean someone doesn’t care. Common reasons include:

• Living far away

• Health or age concerns

• Time constraints or job responsibilities

• Emotional overwhelm, especially if grieving the loss

  
  

Serving as executor is a big job. It takes almost 570 hours to settle an estate - that’s 4 straight months of a full time job. Declining may be the most responsible choice if the person knows they can’t handle it effectively.

5. What You Can Do If You're Next in Line

If you’re the alternate or court-appointed executor, don’t panic. You’re allowed to get help. Many people:

• Hire a probate attorney or accountant

• Use an estate settlement checklist or platforms like End of an Era to streamline tasks

• Lean on family members for support with logistics and emotional decisions

  
  

Before accepting, take stock of what’s involved and know you don’t have to go it alone.

6. Planning Ahead: Prevent Executor Issues Before They Happen

If you're currently making your own estate plan, this situation is a reminder to:

• Talk to your chosen executor before naming them

• Choose someone willing and able to serve

• Name at least one (ideally two) backup executors

• Consider professional options if your estate is complex

This small step can save your loved ones big headaches down the line.

Final Thought

Being named executor doesn’t mean being stuck with the role and stepping aside can be the right move. If you’re next in line, know that help exists. And if you’re planning your own estate, let this be a reminder to choose your team wisely.