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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41054
Experience:  Texas lawyer for 30 years in Estate law
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My wifes brother is executor of their mothers will. There

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My wife's brother is executor of their mothers will. There are 3 sisters and the one brother. My wife according to the will becomes executor should he gives it up for any reason. He wants her to take it after his 3 years of doing nothing. What has to be done to make her executor ?
Thanks for your question and good evening.He can do this in writing here under Alabama law.If there is an estate lawyer the lawyer woudl prepare the document for his signature.

Here is the applicable law.

Section 43-2-25 - Procedure for renouncing appointment.

Any person named as executor in a will may renounce such appointment by appearing before the judge of probate and declaring such renunciation, which must be entered of record; or such person may renounce his appointment by an instrument in writing executed by him and acknowledged before an officer authorized to take and certify acknowledgments to conveyances, whether within or beyond the state; and such instrument must be filed and recorded in the office of the judge of probate of the county in which the will is probated.



It would then be filed in the probate file and the court may appotin you as successor executor.You woudl be sworn in and then you woudl receive letters testamentary which allow you to then act on behalf of the estate.


It has been my pleasure to assist you tonight.Please let me know if you have more follow up.Thanks again.

Customer: replied 4 years ago.

Can he write it out on paper and sign it in the presence of a notary to be turned in to the court ?

He can do this in writing as per the statute and notarize and you would file it with the Court Clerk.You would then need to talk to the judge here to be appointed the successor executor and sworn in and get your letters.You may consider a local probate lawyer here here to help you complete probate administration.

The Alabama Bar has a great lawyer referral service.


You are also allowed to be paid for being executor here for your work.



AL statutes: § 43-2-848. Compensation of personal representative. (a) A personal representative is entitled to reasonable compensation for services as may appear to the court to be fair considering such factors that may include, but are not limited to, the novelty and difficulty of the administrative process, the skill requisite to perform the service, the likelihood that the acceptance of the particular employment will preclude other employment, the fee customarily charged in the locality for similar services, the amount involved and the results obtained, the requirements imposed by the circumstances and condition of the estate, the nature and length of the professional relationship with the decedent, the experience, reputation, diligence, and ability of the person performing the services, the liability, financial or otherwise, of the personal representative, or the risk and responsibility involved, which shall not exceed two and one-half percent of the value of all property received and under the possession and control of the personal representative and two and one-half percent of all disbursements. (b) In addition the court may allow a reasonable compensation for extraordinary services performed for the estate. (c) If a will provides for compensation, or no compensation, of the personal representative either directly or conditionally and there is no contract with the decedent regarding compensation, the personal representative may renounce the provisions and if no alternate or successor personal representative is willing to serve for the compensation provided in the will for the personal representative, the personal representative in the order of priority provided in the will shall be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A renunciation may be filed with the court. (d) Nothing in this section shall be construed to limit the right of a decedent or all affected beneficiaries to agree in writing with the personal representative, as to the amount or the method of determining the personal representative's compensation, which shall be binding on all parties if the appointment is accepted and the agreement is not unconscionable. § 43-2-600. When matters of controversy may be referred to arbitration. On the settlement of the estate of a decedent, when such estate is free from debt, the probate court in which such settlement may be pending has authority to refer all matters of controversy arising in such settlement to arbitration, if, in the opinion of the court, the interests of the parties can be best subserved thereby and the parties, or their attorneys, consent thereto. § 43-2-530. Authorization to compel settlement. Any executor or administrator may be required by citation to file his accounts and vouchers and to make a settlement, notwithstanding any provision in any will or other instrument to the contrary; and, if after service of the citation, he fails to file his accounts and vouchers for a settlement on the day named in the citation, the probate court or other court having jurisdiction of the said estate may compel him to do so by attachment or may proceed to state the account against him from the materials on file or such other information as may be accessible, charging him with such assets as may have come to his hands. (Code 1852, § 1817; Code 1867, § 2153; Code 1876, § 2524; Code 1886, § 2155; Code 1896, § 223; Code 1907, § 2686; Acts 1919, No. 440, p. 566; Code 1923, § 5919; Code 1940, T. 61, § 316.)


I wish you good luck, thanks for letting me help you.

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