When we lose a loved one, we focus our energy on mourning their death. During the grieving process, we usually cannot think straight enough to perform our normal routine, let alone handle complex tasks, such as administering our loved one’s estate.
Fortunately, testators usually already have someone appointed to be their estate’s executor on their wills. Without a will, the court will still appoint someone as administrator. This lifts a heavy burden from any decedent’s surviving family.
Nonetheless, worries can still ensue. What if the appointed administrator is unable or unwilling to perform their duties? Will it affect the estate?
Administrators are replaceable
Any individual who is appointed as an estate administrator can refuse the position and the duties attached to it. Appointed individuals can express their refusal upon initial appointment or even after accepting the position and later withdraw. There are many reasons why a person rejects the appointment, such as lack of qualifications, a sudden disability or simply because they are unwilling.
Nevertheless, courts can simply replace the administrator and appoint someone else who is suitable to serve the position. Courts usually appoint the decedent’s next of kin, such as the surviving spouse, an adult child or a close relative. However, they can also appoint someone nonrelated to the estate owner if the family cannot do it due to them grieving their loved one’s death.
Sharing the burden
As humans, we typically keep to ourselves and try to carry our worries on our own. However, there are instances wherein sharing our burden actually leads us to the right solutions and eventually find peace. Our probate concerns are one of those instances. For instance, worrying about an incompetent or unwilling administrator will only add to our stress. However, sharing our concerns with a competent and knowledgeable legal professional can help us find remedies and ease that burden.