1. All four heirs are listed in a certain order as executors. Should these heirs be notified if the order changes?

2. If the current executor can no longer serve as executor and must transfer the position to the next person listed in the will, should the heirs be notified of this change?

Is the will in effect and enforceable at this time or is this for the future?

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Originally Posted by califdadof3

Is the will in effect and enforceable at this time or is this for the future?

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#1 - will maker is still alive. One executor has been demoted from co-executor and first on the list to last on the list. The list was a&b,c,d. It now reads b,c,d,a. An attorney made the changes last week.

#2 - will maker is deceased. The current executor wishes to step down because of advanced age and lack of interest/ability. The will maker had named x as first, y as second, and z as third. X is deceased, so the task fell to y. y no long wishes to serve and wants to transfer the task to z, but wonders about notification of heirs.

As far as #1 goes its not needed to notify this change at this time. Since the will is not enforcable.

As far as #2 goes. Since the will is enforcable and there is an estate to administer then yes there needs to be notification to all interested parties. Those being the heirs and the executors.

Side note. A will is a document that has meaning only when enforced. Before such a time the will can be changed any way the will maker suits it to be. Its only after the will maker dies that there can be a legal challenge to it.

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Originally Posted by califdadof3

As far as #2 goes. Since the will is enforcable and there is an estate to administer then yes there needs to be notification to all interested parties. Those being the heirs and the executors.

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Should the notification be notarized, copied, and then mailed to each interested party? Or should each letter to each interested party be notarized?

A noterized copy would be good enough along with an explination. Like I (fill in the blank ) hereby resign and relinquish to (fill in the blank) on this day (fill in the blank) blah blah blah (legal bs)

Both parties should sign if possible. The one reliquishing and the one accepting.

Sign date witness.

Edited after posting:

Also any mailings should be registered mail.

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Originally Posted by califdadof3

A noterized copy would be good enough along with an explination.

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There are five heirs. The current executor is an heir. The named-in-the-will successor is also an heir. Should each letter be notarized, or can one be notarized and the rest be copies of it?

Bob, an heir, doesn't want to be executor any longer.
Jim is also an heir and is named as a successor executor in will. Bob writes letter to Jim to hand over the executorship to him.
Pete, Phoebe, and Buffy are heirs but are not named as potential executors. Do each of them get a notarized copy of Bob's letter to Jim?

(Most are scattered throughout the U.S.)

Just send copies of a noterized one and keep the original in the file with the rest of the documents regarding the estate. Certified mail return reciet requested would do the trick so you know they had gotten it and you have something for your records too.

Thanks, CD! You answered all my questions.

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Originally Posted by Wondergirl

Thanks, CD!! You answered all my questions.

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Your welcome. And thanks for not having any reddies involved ;)