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executor may resign by signing a renunciation of her duties and filing it with the probate court. Removal by the court. The probate judge may remove a coexecutor.
If you decide to renounce a succession, you must do so by notarial act. If there is no notarial document stating that you have refused the succession, you are considered to have accepted. In rare cases, renunciation may be made by a judicial declaration in the course of legal proceedings.
Louisiana Laws - Louisiana State Legislature. A renunciation shall be deemed to be an acceptance to the extent that it causes the renounced rights to devolve in a manner other than that provided by law or by the testament if the decedent died testate.
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.
When the decedent died owning community property and having no children, the surviving spouse of the decedent will inherit the community property. Any separate property will be inherited by the decedent's family. There is a specific order that the decedent's family will inherit.
Renunciation of inheritance means giving up your inheritance entirely, which means that it will go to your heirs in your place ing to the succession order.
Specifically, you must expressly renounce the inheritance in writing. Louisiana law used to require that the renunciation be done before a notary and two witnesses. While this is no longer necessary, you may discuss whether these formalities are advisable with a succession attorney.
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.