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.
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.
So in other words, can you resign as executor of an estate? Yes, providing you have not intermeddled in the estate already, see further below on what intermeddling means.
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’.
Storing a will for safekeeping
Wills are important private and confidential documents which take legal effect on the death of its maker. An original will should be stored in a safe and secure place after being signed and witnessed. Ideally the place should be fireproof, and protected from tampering or destruction.
Willmakers should consider their personal circumstances, family and other relationships when considering storage options. In some situations storing a will at home is not advisable if it is likely persons adverse to what it contains can access it.
And make sure you inform your nominated executors or legal personal representatives of your original documents.
To see the will, view it or obtain access to the will of a deceased person
To see the will of a deceased person and get a copy can be difficult when you are not the executor or administrator. However in some states changes to wills and succession legislation has made this easier. The legal rules now clarify the categories of people who can see or inspect the will of a deceased person. Read on for more.