How do I resign as co-executor of my father’s Will?

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How do I resign as co-executor of my father’s Will?

If he owned property in 2 states, do I need to resign in both states?

Asked on February 15, 2016 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

 The fact is that, just because you are nominated as executor of a Will, it does not mean that you must serve. You can renounce your appointment by simply signing and getting notarized a "renunciation" and filing it with the probate courtourt. The remaining exeutor (i.e. the urrent co-executor) would still have the right to probate the Will. However, if you have already been appointed by the Court, you must file a petition seeking permission to resign. In it, you must demonstrate “good cause” and the decision of whether the executor will be permitted to resign rests with the Court, which will evaluate whether the executor’s request to resign is in the best interests of the estate. Since there is already a co-executor, then you should be given permission to step down without a problem.


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