Does a waiver of process in an estate affect my being alternate executor?

Full question:

My mother's will, (dad predeceased her) designated my brother as Executor and I as Alternate Executor. My mother has passed on and we are now in the process of probating the will. To expedite this process I have been presented with a 'waiver of process' so that my brother can probate the will without my co-signing. I have no problem with this. My concern and question to you is this. In the unfortunate situation that my brother passes on after I have waived executor rights to him, will I still have executor rights? I'm hoping yes.

  • Category: Wills and Estates
  • Subcategory: Executors and Administrators
  • Date:
  • State: New York

Answer:

No execution of a Waiver of Process will not have any affect on your being appointed as alternate executor in the event your Brother ceases to act as first executor.

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FAQs

To transfer executorship after the death of an executor, the remaining executor or alternate executor must file a petition with the probate court. This petition requests that the court appoint the alternate executor or another suitable person as the new executor. The court will consider the will's provisions and any relevant state laws before making a decision.