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

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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.

If you are looking for executor services you can either find a lawyer or law firm to do this by contacting the law society in your state/territory for referrals: links here, or the public trustee, links here  Some non-government corporate providers including banks also offer executor services.    

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.

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’.

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Storing a will – ensure it is safe and secure

Storing a will for safekeepingstoring a will, will storage, safe custody for a will, willmaking, deceased estate,
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. 

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Who can see the will of a deceased person & can you obtain a copy?

To see the will, view it or obtain access to the will of a deceased person

see the will, wills, probate, deceased estate, copy of someone's will, WillsHubTo see the will of a deceased person and getting a copy can be difficult when you are not the executor or administrator.  However in some states changes to the legislation on wills and succession has made this easier by making it clear the category of persons who are entitled to see or inspect the will of a deceased person. 

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