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Changing the executor of your will

On Behalf of | Jan 19, 2024 | Estate Planning

Naming an executor can be a lengthy process, as you need to consider several factors to find a party who will serve competently. While you may have thought you wouldn’t go through the same process again, some instances may call for it.

Here are five of them:

No longer wants the responsibility 

Your chosen executor can change their mind after accepting the appointment. Perhaps they may have a conflict of interest or a new responsibility in their life that affects their ability to serve. If this happens, you will need to name another party. Willingness is a vital quality of an executor.


If your spouse is your executor, you may need to remove them if you go through a divorce. In North Dakota, an ex-spouse is not considered a surviving spouse. This is also the rule in Minnesota

So, even if your divorce is amicable and you want to leave your ex-spouse as your executor, the court may revoke any provisions in your will that refer to them.

Falling out

If you disagree with your executor to the point that you no longer trust them, consider naming another party. Your executor will have access to crucial documents and manage your estate before distribution. Every decision they make can significantly affect your loved ones and legacy. You should be able to trust they will act in your best interest. 


An executor becoming seriously ill or incapacitated that they can’t perform their responsibilities is another reason to change them.


When you pick your executor, you expect them to outlive you. But they may die before they assume their duties. In that case, you will choose another one. 

If you want to remove your executor, obtain adequate information to know the steps to take.