California Sample Letter for Renunciation of Executorship
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How to fill out Sample Letter For Renunciation Of Executorship?
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FAQ
NOTICE OF RENUNCIATION I, [name], hereby renounce executorship in relation to the will and declare that I have not intermeddled in the estate of the deceased and will not intermeddle in it with the intent to defraud creditors. [The witness to this acknowledgement must be at least 19 years of age.]
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.
The court will consider whether or not the resignation is in the estate's best interest before granting or denying it. If the request is granted, the court once again looks for a successor executor. If there isn't one, they will follow the established probate laws in their state.
Any interested person has the right to file a petition in the Probate Court seeking the removal of the fiduciary, be it Executor or Administrator, for cause. Indeed, the Court, on its own motion, may seek to remove the fiduciary.
If you have already started acting as an Executor but are no longer willing or able to continue to act, you must renounce your executorship. To do this, you must apply to the Supreme Court of the relevant State/Territory.
The only way an Executor can be released from his or her duties after agreeing to take on the role is to apply for a court order that removes him or her from their responsibilities- officially called a ?Renunciation of Right to a Certificate of Appointment of Estate Trustee (or Succeeding Estate Trustee) With a Will?).
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.
