Executor Renunciation

Executor renunciation is the process of an appointed executor formally giving up the right to act, usually by filing a signed renunciation with the court before applying for a Grant of Probate. People renounce for many reasons — ill health, age, distance, conflict of interest, or simply not wanting the responsibility. Once renounced, the role passes to any substitute executor named in the Will, or to an administrator under Letters of Administration with the Will annexed.

Renunciation must happen before the executor "intermeddles" — that is, before they start dealing with estate assets — otherwise the court may hold them to the role. Example: "Feeling overwhelmed at 82, the named executor signed an executor renunciation so his daughter could apply for the grant instead." Each state's Supreme Court has its own renunciation form and filing requirements.