Ohio 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
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.
You'll also have to provide evidence that supports your reasons for wanting to remove the executor. The probate court will then hold a hearing, and if the probate court agrees that it's in the best interest of the estate to remove the executor, they will issue an order allowing for that removal.
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.
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.
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.
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.]
