Legal Question in Wills and Trusts in Colorado
Changing a named executor
My daughter passed away,July 2000.Her sister was named as an executrix.The will was made in Colorado but the named executrix residence is New York.Can a new Executor be named to the will? She has a Brother that can be made available that resides in Colorado.
3 Answers from Attorneys
Out of state Personal Representatives
Louise Aron
Attorney at Law
Lakewood Office:
1536 South Ingalls
Lakewood, Colorado 80232 USA
(303) 922 7687
fax (303) 922-1370
Cherry Creek Office:
300 South Jackson #100
Denver, Colorado 80209 USA
(303) 780-7339
Satellite offices:
Boulder - 4450 Arapahoe Avenue, #100
DTC - 4610 South Ulster, #150
A TOLL FREE NUMBER is available to clients outside the Denver metro area.
My email: [email protected]
My web site http://effectnet.com/la/
LawGuru User
Dear LawGuru User:
I don't have enough information to answer your question with certainty.
Your daughter preferred her sister to be the personal representative (executor). Being out of state is not really a problem. Out of state personal representatives can do a fine job.
On the other hand, there is a procedure by which a personal representative other than the appointee can serve, and if the will has not yet been probated, this can often be done using a simple form without hearing.
I would need to know your reasons (other than the sister being out of state) for the change of personal representative, and where you are in this process (has the will been probated yet?) in order to assist you.
Thank you for using LawGuru.
Sincerely,
Louise Aron
Attorney at Law
My web site http://effectnet.com/la/
Re: Changing a named executor
Did your deceased daughter reside in NY or CO.
New York allows an easy way to change by new person filing the petition rather than the named executrix and everyone else signing waivers.
However please note that there is no problem with an out of state person being the executor.
Re: Changing a named executor
Yes, I recommend that you work through a qualified trusts and estates lawyer to accomplish this, but it can be done. it involves a pleading filed with the Court to appoint a different Personal Representative.