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If an executor named in the will is not willing to perform the role, and has not had any dealings with the will-maker's property after death, that executor may renounce probate.
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 Executor An appointed executor or administrator who wishes to resign from her duties can submit a written application to the probate court stating her desire to resign. The application must also include an exhibit and final account of the estate the executor was meant to distribute.
Resignation. Someone who has begun acting as an executor may not renounce, but they may resign. A resigning executor must apply to the Court to be released from their duties \u2013 and normally this requires submitting full estate accounts (see passing of accounts) even if the executor only acted briefly.
Executor Renunciation If intermeddling has not taken place, a person appointed as a personal representative in a will can renounce by submitting Form NC 12 to the court. The renunciation form must be signed by the person before a witness and included with the application for a Grant of Probate.

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Generally, estates cannot realistically close before six months after the decedent's death because the surviving spouse has the right to make her claim for an elective share within that six months. Courts can grant an extension for a spouse to file the elective share claim.
Firstly, it is possible to renounce your role as Executor. This is done with a Deed of Renunciation, which must be drawn up by a lawyer. If you want to renounce your role, you should do it early on \u2013 ideally, before applying for the Grant of Probate.
If the named Executor wishes to renounce, we would prepare the paperwork and give the renunciation of an executor or administrator to the attorney or the representative to be mailed out along with the certification of authentication for a notary to be filled out, signed & returned to us.
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 agreed, the removal of an executor before probate has been granted is a relatively simple process. The executor can simply renounce their position in favour of the chosen replacement. Renunciation is also available after probate has been granted, providing the executor has not intermeddled with the estate.

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