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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.
Petition for Permission to Resign as Executor 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.
In fact, you do have a choice. Even if you feel an obligation to the deceased person?who has both honored and burdened you by choosing you for the role of executor?you can decline the job and let it pass to someone else.
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.
If you decide that you do not want to be an executor before the person who is nominating you passes, then you can simply inform him or her to instruct the estate attorney to take your name off the will.