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Serving as an estate executor is never a compulsory duty; the executor always has the right to resign, no matter what the reason. In fact, executor resignations are a common part of estate administration and the probate process.he easiest path is when the will instructs the probate judge as to the person who should act as the successor executor. However, not all wills identify a successor executor, which makes the appointment task a bit more burdensome for the probate judge.
The will normally names an alternate executor who would take over if the first executor dies or declines the appointment.The alternate executor would petition the probate court for appointment.f the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor. 3 people found this useful.