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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.

Does an executor have to serve, or can he or she refuse the responsibility? The person named as an executor in a will can decline the responsibility that being an executor entails. In addition, someone who originally accepted the role as executor can resign at any time.

In California, you can resign at any time, for any reason, by filing a petition with the court. You may also have to provide the court with an accounting -- a detailed report of everything you did while you served as executor -- before the court accepts your petition of resignation.

Friction between Co-Executors. Failure to Comply with Will's Terms. Non-Cooperation with a Vital Party or a Beneficiary. Neglecting or Mismanaging Estate Assets. Misconduct. Self-Dealing. Abuse of Discretion. Misappropriation of Funds.

Yes, you can remove an executor of estate under certain circumstances in California. California State Probate Code §8502 allows for the removal of an executor or administrator when: They have wasted, embezzled, mismanaged, or committed a fraud on the estate, or are about to do so.

Resigning as Executor In California, you can resign at any time, for any reason, by filing a petition with the court. You may also have to provide the court with an accounting -- a detailed report of everything you did while you served as executor -- before the court accepts your petition of resignation.

If you resign as executor after having started probate court proceedings, you can submit your resignation to the probate court and provide a written record of what (if anything) you have done. The court will then appoint someone to take your place.

When making a Will, people often ask whether an Executor can also be a Beneficiary. The answer is yes, it's perfectly normal (and perfectly legal) to name the same person (or people) as both an Executor and a Beneficiary in your Will.

In most states, all you need to complete is a Renunciation of Executor form, which is a legal document that states the person named in the will as executor will not act as executor for the estate. This form can be filled out in your local probate court. Some states offer this form online as well.

Maine Declination to Discharge the Duty of Executrix of Will

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