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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.
If you resign from your role as Executor, generally, another Executor will be appointed. If more than one Executor is named in the deceased's Will or a backup Executor, then the responsibility will fall to them. Alternatively, if you have been named as a sole Executor, a suitable replacement will need to be found.
Form P34 ? Affidavit of Deemed Renunciation (if applicable): This form is required if the executor is deemed under Rule 25-11 of the Supreme Court Rules to have renounced executorship. It should be filed in court along with the P2 form.
If an executor in the will does not wish to serve, they have the option to renounce their role. However, renunciation is only possible if the executor has not already dealt with any estate assets. If they have, they must apply to the court to be relieved of their duties and removed as an executor.
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.
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.
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.
In British Columbia, an individual named as an Executor in a will can choose to decline to act at the time of the willmaker's death. ( see section 104 of the Wills, Estates and Succession Act of BC ? the ?WESA?). If refusing to act, the Executor is said to be renouncing.