When no will is left

When no will is left by a deceased person they are said to have died intestateDying intestate means that their property and things are distributed according to the legal rules on intestacy made by the Parliament in the state or territory where they lived.  Sometimes a person may have left a will, but for some reason a problem arises so that not all of the property can be disposed of.


Renouncing executorship and probate – when an executor does not wish to act


Renouncing probate is what you can do if you are named as executor in a deceased person’s will, and do not want to take on the role.  You are not obliged to, but you need to take steps to put that into effect as soon as practical.

Note, if you are looking for executor services, you can find a lawyer or law firm to do this by contacting the law society in your state/territory for referrals: links here. 
Alternatively the public trustee in your state/territory, links here, also provides executor services, as do some non-government providers including banks, even if they were not consulted when the will was made.    

renouncing probate, right of probate, right to renounce, renouncing executorship, executor,

Coat of Arms on the Old Supreme Courthouse, Sydney, New South Wales.

Can an executor resign?
There is no requirement that a named executor in a will  must accept the role of executorship, even if you had agreed with the willmaker that you would.

If you don’t wish to act when the time comes, and you have not dealt with estate property, you can give up the right to do so.  It means you give up your appointment as an executor, commonly called renouncing probate. In renouncing probate you are renouncing the executorship, in other words resigning.  It means you renounce or give up your right to apply for probate of the deceased’s will; sometimes expressed as to ‘renounce probate’.