Dear Anonymous: I am sorry you have experienced the loss of your mother and the illness of your sister. If your sister agrees, she could sign a resignation and you could apply to serve as successor executor. Since you indicated you are named in the will as the successor, this is likely to be a simple process assuming you otherwise meet the criteria to serve as executor. You can contact the probate court that has jurisdiction over your mother's estate to request the paperwork. While it is possible for you to resign in the future and your sister serve as executor again, it is unlikely that the probate court will approve you and your sister continually switching roles. It causes the financial institutions to lack confidence in who has authority and can impede the efficient closing of the estate. Additionally, it is not in the best interest of the estate or beneficiary since each filing generates court costs.
You could also petition the court to appoint you as co-executors, which may give you the authority you need to help administer the estate. Whether or not the probate court will allow co-executors, especially when the will does not name co-executors, is a subjective decision dependent on which county probate court oversees the estate.
If your sister does not agree to resign, then you would need to decide if you believe an adversarial approach is necessary. If your sister does not meet court deadlines and requirements then the probate court can remove your sister on its own motion. Best wishes.
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on May 23rd, 2012 at 12:03 PM