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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.
During the process of the administration of an estate, for a variety of possible reasons an executor, estate administrator, or other fiduciary may decide to resign. However, under New York law, a fiduciary cannot simply quit. He or she must petition the Surrogate's Court for permission to resign.
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.
Whatever the case, if an executor wishes to remove themselves from their position, they may file a notarized renunciation form with the probate court, detailing their reasons for stepping down. In almost every case, the court will grant the resignation and appoint a replacement executor to take over.
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.
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.
executor may resign by signing a renunciation of her duties and filing it with the probate court. Removal by the court. The probate judge may remove a coexecutor.