This is the next article in our series on how to become the executor of a Connecticut estate. Our last article discussed whether one needs a lawyer to become an executor. While the answer to this question is “no,” retaining counsel is an important step in ensuring that the matter is handled correctly. In this article, we turn to a discussion on whether one can decline the role of executor and the consequences of doing so. If you or a family member need assistance, then contact our office today to speak with a Hartford lawyer.
Connecticut residents do not have to accept the role as an executor
Being named as executor in a Connecticut will does not require you accept the position. There are several reasons someone may wish to decline their appointment. These reasons may include the fact that the duties are too much of a time commitment, the challenges posed by a complex estate are too great, or there are strained personal relationships amongst the beneficiaries, to name a few. If you decide to decline, a letter of declination is submitted to the Court. The letter is simply one sentence stating I hereby decline to serve as Executor. In such circumstances, the Court will appoint either the substitute executor named in the will or an estate administrator to act in place of the named executor. The Court, not the named executor or beneficiaries, chooses the administrator. Typically, the Court considers a willing and qualified surviving spouse as the next in line to serve. If there is not a surviving spouse, the Court considers whether any beneficiaries are suited for appointment. Connecticut Courts often give preference to beneficiaries entitled to the largest share because of their direct interest in correctly administering the will. If there are no suitable or willing beneficiaries, next of kin (parent, sibling, adult child) are considered. If no one is able to take on the position, the Court appoints an attorney to serve. The attorney chosen is generally the attorney hired by the family to represent the estate. In those circumstances, the attorney wears two hats, that of an administrator and that of attorney for the estate. It is a common occurrence.
Just as accepting an executor appointment comes with numerous obligations and duties to consider, the consequences of declining must be considered as well. Typically, an individual is named as executor because of a close relationship or a high level of trust shared with the deceased. Therefore, declining can be personally burdensome to some who feel they were obligated to step-up for a loved one’s wishes upon death. Additionally, declined appointments cause a shift in responsibility and power which may cause tension and disappointment between family and beneficiaries. As previously stated, however, having the attorney appointed as the fiduciary can alleviate these tensions since the responsibilities are passed on to an outsider.
An attorney can help Hartford executors with the handling of an estate
Although accepting appointment as an estate executor can be an overwhelming undertaking, it does not need to be. By retaining an attorney, an executor can minimize the time commitment, burden and risks of probating an estate. Attorneys understand the legal responsibilities and routinely navigate the Connecticut Probate Court system, including completing and filing all required paperwork. In addition to these traditional legal advice services, attorneys can assist with a wide array of estate administration aspects throughout the process. Attorneys can help create estate management plans and guide the executor through the various stages of managing assets, addressing debt and creditor issues, complying with tax obligations, coordinating beneficiary distribution and addressing disputes as they arise. Allowing an attorney to undertake the more complex aspects of estate administration helps to ensure all duties are completed timely and effectively minimizes risk of liability to the executor.
Our Harford probate lawyers have served the Connecticut community for over fifty years. We are passionate about helping the community we serve and devoted to the work we do. Contact us online or by telephone to speak with an attorney. We also service the areas of Wethersfield, New Britain, Bristol, Rocky Hill, West Hartford, East Hartford, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
