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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 duty of settling and distributing the estate of a decedent (one who has died) is assigned to personal representatives of the decedent. A Personal Representative may be an executor (male or female) or executrix (female), or administrator (male or female) or administratrix (female).An executor or executrix is the person named in a will to administer the estate.An administrator or administratrix is a person appointed by the court to administer the estate of someone who died without a will.ourts can disqualify as executors persons who are legally incompetent or unsuitable. When this occurs, the court appoints either an alternative executor, if the will has named one, or an administrator. A person cannot be disqualified as an executor merely because he or she might inherit part of the estate.