Georgia Sample Letter for Renunciation of Executorship
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FAQ
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.
When the Executor/Administrator has paid all debts, filed the required tax returns, and distributed all of the estate's assets, they file a Petition for Discharge with the court, asking to be formally relieved of his or her duties.
While there is no time limit for distributing assets in Georgia, it is the fiduciary duty of an executor to act in a timely manner.
Georgia law provides a specific fee schedule for executor compensation. ing to Georgia Code Section 53-6-60, executors are entitled to a fee of 2.5% of all money received by the executor and 2.5% of all money paid out by the executor during the administration process.
How Do You Get an Executor Removed from an Estate? Any interested party that wishes to remove an executor would have to petition the probate court to have the executor removed and present a reason. It's best to have a qualified probate lawyer advise you first and help you with this petition.
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.
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.
