How do I renounce an executorship?

UPDATED: Jan 28, 2014

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How do I renounce an executorship?

I have been appointed or sworn in by a probate judge as a co-executor in my deceased husband’s Will, along with his son.I do not agree with with the way his son is handling his responsibilities and the shady way he operates. I wish to relinquish my position as co-executor. Is it too late, once I have been officially sworn in? And do I need a lawyer to represent me to do so?

Asked on January 28, 2014 under Estate Planning, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Get a Renunciation of Executor form. This form is downloadable on many local government websites and may have a different name based upon the jurisdiction that you live in, but it serves the same purpose. The form severs you as the executor of the will, and the responsibility will be passed onto the co-executor if one was named or a court-appointed executor if no other executor was assigned.             

Fill out the entire form, which in most cases will consist of only one page. Write in the name of the deceased, the date of death, the date of the will and your name in the appropriate boxes. 


Sign the form in front of a notary. Have the notary sign the form as a witness and place their seal on the form. The Renunciation of Executor form will not be legal if it is not notarized.             

File the Renunciation of Executor form with the appropriate local court. The court where the form must be filed varies by locality, but will often be with the surrogate court or probate court of a jurisdiction.

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IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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