[AL] How would the substitute executor for my will take over from the primary executor?

Lexi, Chatbot

I understand that navigating the process of changing an executor can be quite complex. Can you please share if there is a specific reason why you are considering a substitute for your executor?

Lexi, Chatbot

Have you already designated a substitute executor in your will, or are you looking to appoint someone new?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with executor substitution.

Brandon

Hi there and welcome to AskALawyer. My name is Brandon and I'm an attorney. I' be happy to help you out today. Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship. My answers and comments should not be considered legal advice.

Where are you located?

Brandon

1. What Triggers a Substitute Executor Taking Over?

In Alabama, your successor (or alternate) Executor only steps in if your originally named Executor:

• Declines the role (for example, they tell the court they don’t want to serve),
• Is legally disqualified (such as due to a felony conviction or being under 19),
• Is determined to be incapacitated or incapable of carrying out the duties, or
• Dies before or during the probate process.

In your case, the concern is whether your current Executor could be deemed unable to serve due to a medical condition like epilepsy. Having epilepsy, by itself, does not disqualify someone. The real issue is whether their condition prevents them from making sound decisions, signing documents, or managing tasks responsibly during the probate process.

2. Who Decides If an Executor Can’t Serve?

That depends on whether the Executor themself steps aside or someone else challenges their capacity.

If your Executor voluntarily steps down, they would file a Renunciation or Resignation of Executor with the probate court. At that point, your named substitute would step in automatically, and the court would appoint them as the new Executor.

If someone (like the substitute) believes the Executor is not able to serve, but the Executor hasn’t stepped down, then the court would need to get involved. The person raising the concern would have to petition the probate court to remove or disqualify the Executor.

This usually requires some proof, such as:

• A doctor's letter or medical report showing cognitive impairment or inability to fulfill duties
• Evidence that the Executor isn’t responding, isn’t managing assets properly, or is putting the estate at risk

The court will then evaluate the situation and make a judgment about whether the primary Executor can continue. If the court removes them, the named successor (your substitute) would be next in line.

3. What Is the Process for the Change to Happen?

Here’s a step-by-step breakdown:

1. Filing for Probate: When you pass away, the Executor files your will with the probate court in the county where you lived.
2. Appointment: The court officially appoints the Executor. If the primary is willing and capable, they’ll be sworn in.
   1. If they decline: They sign a renunciation form.
   2. If they’re deceased or incapacitated: Someone (usually the substitute or a family member) alerts the court and files a petition to appoint the next Executor.
3. Court Review: The probate judge reviews the petition and appoints the successor Executor.
4. Successor Takes Over: Once appointed, the new Executor has the full legal authority to act on behalf of the estate.

Brandon

Once the probate process has started (after your death), here’s how the primary Executor can voluntarily step down:

They file a “Renunciation of Right to Serve” or a “Declination of Appointment” with the probate court. This is a one-page form in most counties where they simply state that they do not wish to serve as Executor.

If they’ve already been appointed but want to resign after the process has begun, they file a “Resignation of Executor” instead. That typically includes:

• A brief explanation (though it's not always required),
• A request for the court to appoint the alternate Executor, and
• Sometimes a proposed final accounting of anything they’ve done so far (if they had already taken action).

The court then reviews the filing and officially appoints the substitute Executor you named in your will. This step protects the estate by making sure there's always someone officially responsible.

This process is straightforward if your will clearly names a substitute, which it sounds like yours does.