Executor of estate.

[Disabled Vet]

Jurisdiction

Indiana

Good Morning,

My mother passed away last week. My oldest brother and youngest sister was named as exectuor of my mother estate. Neither one of them want to do this. So we are stuck as to the next step. They are requesting that I step in their place instead. There are 7 brothers/sisters. All agree except 1... My father has already passed.. What steps are needed to remove them and place another executor? Indiana

Thanks,
Michael

 

[Betty3]

I assume go to court & let the court appoint one.

Sorry for the loss of your Mother.

 

[army judge]

Sorry to hear of your loss, DV.
I wish you comfort as you grieve.

The probate court in Indiana oversees the naming of an executor, or personal representative as Indiana calls them.

An executor in Indiana must be:
at least 18 years old, and
of sound mind -- that is, not judged incapacitated by a court.

Many states prohibit people who have felony convictions from serving as executor.

In Indiana, you cannot name an executor who has been convicted of a felony under any federal or state law.

In addition to the restrictions above, an Indiana probate court will reject a potential executor found to be "unsuitable." It's highly unlikely, but if a question arises about the qualifications of the person you've named as your executor, the court will hold a formal hearing in front of everyone with an interest in your estate -- such as your spouse, heirs, creditors, and other potential executors. At the hearing, a judge will determine who is best suited to serve as executor and terminate any appointment found to be improper. A physical illness, impairment, or infirmity by itself won't disqualify someone from serving.