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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.
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.
STEP 1: Download and complete your forms. STEP 2: Mail or hand deliver a copy of your forms to all people who have an interest in the estate. STEP 3: File JDF 965 Statement of Personal Representative Closing Administration with the court.
The personal representative may resign and a successor may be appointed. If no settlement can be reached, the probate court will hear the petition to remove the personal representative, and any defenses they may have, and then decide whether there are grounds to revoke their Letters of Administration.
If you have already started acting as an Executor but are no longer willing or able to continue to act, you must renounce your executorship. To do this, you must apply to the Supreme Court of the relevant State/Territory.
NOTICE OF RENUNCIATION I, [name], hereby renounce executorship in relation to the will and declare that I have not intermeddled in the estate of the deceased and will not intermeddle in it with the intent to defraud creditors. [The witness to this acknowledgement must be at least 19 years of age.]
If you are curious about your role as PR or need to obtain Letters Testamentary, call (720) 513-2299 to set up a flat-rate* legal consult with a probate attorney. The probate court will then issue Letters of Administration if someone passes without a will or Letters Testamentary if someone passes with a will.
It is certainly possible for an executor to ?resign? (or renounce). However, this can only be done if an executor has not already started dealing with the estate. This is known as ?intermeddling?. This can be achieved by signing a deed of renunciation.