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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.
If estate administrators resign, the estate administration and probate court will appoint a successor in the event the will doesn't name one already. This successor estate administrator must be willing to take over the estate administration role.
The co-executors may need to involve the probate court. Judges have the legal authority to do so. Typically, this will involve a hearing in which both executors will present their arguments to the judge. Following the hearing, the judge will issue an order in favor of one of the two executors.
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.
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.
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.
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.