Executor Consent Form

EXECUTOR CONSENT FORM

This Executor Consent Form is executed on by Executor Name: (Executor) in connection with the Estate of Decedent Name: (Decedent), and provided to Estate Representative: (Representative).

RECITALS

WHEREAS, Decedent died on or about , leaving a Last Will and Testament that nominates the Executor named above; and

WHEREAS, a probate proceeding bearing Case Number: is pending before the Court of ; and

WHEREAS, Executor has been given written notice of the nomination or appointment and is requested to give a written consent to serve and to acknowledge certain duties and related matters.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. ACCEPTANCE OF APPOINTMENT

Executor hereby accepts the nomination and appointment as Executor of the Estate and agrees to perform all duties, exercise all powers, and comply with all obligations of an executor under applicable law. Executor acknowledges receipt of a copy of the decedent's will, if any, and any instruments relating to the appointment.

I hereby: accept appointment and consent to serve as Executor.

2. DUTIES AND FIDUCIARY OBLIGATIONS

Executor acknowledges that the position is fiduciary in nature and agrees to administer the Estate in good faith, with reasonable care and diligence, to collect and safeguard estate assets, to prepare and file inventories and accounts required by law, to pay valid debts and taxes of the Estate, and to distribute the remaining assets in accordance with the decedent's will and governing law.

Executor shall notify interested persons of material actions and shall keep accurate records of all receipts, disbursements, and estate transactions. Executor agrees to submit to the jurisdiction of the appointing court with respect to matters arising from the administration of the Estate.

3. BOND AND SECURITY

Unless otherwise ordered by the court or required by statute, Executor requests that any bond requirement be: waived required

If bond is required, the amount of bond required (if known) is:

4. POWERS OF THE EXECUTOR

Executor shall have all powers conferred by the decedent's will and by statute including, but not limited to, the power to collect assets, manage and preserve estate property, compromise or settle claims for or against the Estate, engage attorneys, accountants and other professionals, sell assets when necessary for payment of debts or for proper administration, and take any other action reasonably necessary to administer the Estate.

5. COMPENSATION AND EXPENSES

Executor shall be entitled to compensation and reimbursement of reasonable expenses as provided in the decedent's will or as allowed by statute. If compensation is specified by agreement, amount or formula:

6. RESIGNATION, REMOVAL, AND SUBSTITUTION

Executor recognizes that resignation or removal may occur only in accordance with applicable law and court order. Executor agrees to execute and deliver any instruments reasonably necessary to effect resignation or substitution and to cooperate in the appointment of a successor fiduciary.

7. NOTICES

Notices required or permitted under this Consent shall be in writing and shall be deemed given when delivered in person, sent by nationally recognized overnight courier, or when mailed by first-class mail to the addresses set forth above or to such other address as a party may designate in writing.

8. GOVERNING LAW

This Consent shall be governed by and construed in accordance with the laws of the state in which the decedent's probate proceedings are pending, without regard to its conflict of laws principles. The parties submit to the exclusive jurisdiction of the probate court handling this Estate for all disputes arising under this Consent.

9. ENTIRE AGREEMENT

This Consent contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the appointment and acceptance of the Executor.

10. SEVERABILITY

If any provision of this Consent is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the original intent of the parties to the maximum extent permitted by law.

11. AMENDMENT AND WAIVER

No amendment or waiver of any provision of this Consent shall be effective unless made in writing and signed by the party against whom enforcement is sought. No failure or delay by any party in exercising any right shall operate as a waiver of that right.

12. COUNTERPARTS

This Consent may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile or electronic copies of signatures shall be treated as originals for all purposes.

13. CERTIFICATION

Executor certifies under penalty of perjury under the laws of the governing jurisdiction that the information provided in this Consent is true and correct to the best of Executor's knowledge, that Executor is not precluded by law from serving, and that Executor will carry out duties in accordance with applicable law.

Sign Now