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Marsha411JD, Attorney
Category: Estate Law
Satisfied Customers: 19682
Experience:  Licensed Attorney with 29 yrs. exp. with Estate Law issues
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We had a Living Trust and Last Will and Testament executed

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We had a Living Trust and Last Will and Testament executed several years ago and designated an Executer. The only thing we would like to do is change the Executer. Can we do this on our own or we required to do another Will and Testament?

Thank you for the information and your question. You do not have to execute a new Will if you only want to change the Executor. You will need to have a codicil drafted that specifically refers to the will it is amending (including the date the original will was executed) and also specifically stating you are replacing XXX as Executor with YYY as Executor. Then the codicil must be executed in the same way as the original (same number of witnesses to your signature, etc.).

After the codicil is executed, then you need to make sure it is kept with the original will, so the Executor, and other parties know of its existence and provisions.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD and 4 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

What would be involved to do the codicil and what would be the cost?

Hello again and thank you for your reply. As I mentioned, it is just a short statement of your intent to change the term of your prior Will and it must refer to the prior Will and be executed in the same way. I can't tell you how much it would cost to have an attorney do this for you because all attorneys set their own fees, but it shouldn't be more than one or two hundred dollars. You could do it yourself, but I wouldn't recommend it and I can't provide you with a form because we are not allowed by the Site (or our Bar Associations) to provide legal advice, or drafting of forms, since we cannot form an attorney client relationship.

There are some companies online, such as Legal Zoom and Office Depot that may have the forms, but again, if you want to make sure all is done correctly, it would be worth a few hundred dollars at most to have a local Estate attorney's office prepare one for you.