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Answer: Just because you are nominated as executor of a Will does not mean that you must serve. You can renounce your rights as executor and decline to act by simply signing and having notarized a Renunciation of Nominated Executor form and filing it with the Surrogate's Court in the county in which your aunt resided.
A Deed of Renunciation is a legal document that you sign when you don't want to or are unable to act as the Administrator of an Estate. If you've been named as an Executor in a Will and you don't think you can do what's required, you may need a Deed of Renunciation to remove you from your duties.
An executor is responsible for handling a deceased person's financial affairs, including managing estate property, paying bills, transferring assets to beneficiaries, and handling the probate process. Beneficiaries can petition the court to remove an executor for incompetence or misconduct.
A Deed of Renunciation is a legal document that you sign when you don't want to or are unable to act as the Administrator of an Estate. If you've been named as an Executor in a Will and you don't think you can do what's required, you may need a Deed of Renunciation to remove you from your duties.
If an executor who has already been appointed by the Court wishes to resign, he/she must file a petition with the Court seeking permission to resign.
Resigning as the Executor of a California Estate If you have already been appointed by the court as the executor of a loved one's Will and you wish to resign, you need to file a petition with the court. In your petition, you need to explain why you want to resign.
After a person has passed away, if the executor, for any reason does not want to be an executor and has not dealt with the estate in any meaningful way ('intermeddled'), they may renounce their position by way of a formal Deed of Renunciation or form PA15.
The court will consider whether or not the resignation is in the estate's best interest before granting or denying it. If the request is granted, the court once again looks for a successor executor. If there isn't one, they will follow the established probate laws in their state.