Legal Question in Wills and Trusts in Pennsylvania

Re: Resigning as Co-executor

In Pennsylvania, an Executor is only responsible for paying the estate�s valid debts to the extent that the estate has sufficient funds to pay those debts. When an estate becomes insolvent (i.e. runs out of money), an Executor does not have to use his or her own personal funds to cover the estate�s debts.

If you do nothing and you let the property be sold at a sheriff�s sale, you might be personally liable to the beneficiaries for failing to properly protect the estate property.

An option that you may want to consider to protect yourself is to resign as Executor. However, it is not enough for an Executor to write a letter of resignation and to walk away from the estate. Instead, a resigning Executor should petition the Court for a discharge, which would protect him or her from personal liability for the future administration of the estate.

If your cousin has been interfering in some way with the completion of the estate administration, then another option that you might want to consider is to petition the Court to remove your cousin as Executor so that you can complete the administration of the estate.