Austin Estate Planning

Understanding Citations: Dealing With an Uncooperative Executor

The benefits of having a will are obvious: it allows your assets to be distributed as you intended, it saves family members a lot of time and money fighting legal battles, and it preserves family harmony while your assets are being distributed. However, even if a will is well-written and well-planned, unforeseen problems may – albeit more rarely – arise.

For example, what happens if the person you name as executor of your will refuses to carry out the duties you appoint to them? That is to say, what if, instead of agreeing to act as executor or turning down the role, your executor simply decides not to decide, and simply sits in the middle, preventing your beneficiaries from receiving the assets they are entitled to? What are your beneficiaries to do?

This is where the citation comes in. A citation is a legal document which forces the person named executor to decide whether to accept or reject the responsibility of disposing of your estate. Anyone who “would himself be entitled to a grant” if the named executor rejects the responsibility can request that a citation be issued. Once the citation is issued, the High Court can summon the executor-candidate and require them to make their decision. Furthermore, if the candidate does not answer the summons, his right to become executor is immediately revoked and administration of the estate continues as if he or she had never been named executor.

As with all legal probate matters, it is important to consult with an experienced probate lawyer before filing a citation against an uncooperative executor. If you need the services of a reputable Austin probate lawyer, call the Slater, Kennon & Pugh LLP law firm at 512-338-1102 right away.