After Mom or Dad

Book Two · Being in Charge · Chapter 1

Am I the executor, and do I have to accept?

“Mom’s will names me as executor. I have a job and kids. Do I have to do this?”

The short answer

Not necessarily. Being named in a will doesn't oblige you to serve. Nobody is the executor until a court appoints them, and in Minnesota and California, for example, you can say no before that, or resign later.

If you take it on, you become a fiduciary. You act for everyone who inherits, under the court's authority.

This chapter explains how things usually work in the United States. It is not legal, tax or financial advice, and the rules where you live may differ. Before you act on anything here, check it with one of the people named at the end of the chapter.

What to do

  1. Read the part of the will that names you, and anyone named after you, if there is a will.
  2. Ask yourself the four questions in this chapter.
  3. Ask the probate court how declining is done there, if you might say no.
  4. Ask the court or a probate lawyer whether a co-executor must act with you, if you accept.
  5. Tell your siblings, or the others who would inherit, what you decided, in writing.

What can wait

Who can help

The probate court clerk where your parent lived can tell you how declining, resigning and applying work there.

A probate lawyer can go through the will and your choices with you in one consultation. The person named after you in the will, if there is one, may also be willing to talk it through.

The rules, phone numbers and web addresses in this book were checked against the agencies’, courts’ and organizations’ own pages in October 2026. Where a rule differs by state, the book names one state as an example. Check anything you rely on with the office itself.

From Book 2: Being in Charge

This page has the short answer and the closing lists from chapter 1. The full chapter explains, in plain words, what exists, what to ask, and who can answer. The book covers months 1 to 9 after the death.

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