There are many reasons why you may wish to renounce your executorship. Perhaps you no longer live in the same area as the deceased, making it difficult to carry out duties. Maybe you simply don't feel comfortable acting because of the legal responsibility, or you don't feel you can commit the time.
It can be difficult for executors to come to terms with relinquishing their duties because they feel they are letting their loved ones down. It is common to feel obligated and even pressured.
When there is no will, administrators are automatically determined by the laws of intestacy, rather than selected by the deceased. The next of kin can feel this duty has been thrust upon them and that they may not be the best person for the job.
If you are unwilling or unable to act, it is important to voice your concerns. Being an executor or administrator is a serious undertaking, which should not be entered into lightly. If you make any mistakes, you can be held personally liable.
There are 3 courses of action you can take.
1. Formally renounce your position with a Deed of Renunciation
Also known as renouncing the right to probate. This is only a viable option if you have not yet gotten involved with the deceased affairs. It is important to understand that this course of action means you will lose all control of the deceased's affairs. You are stating that you do not wish to be involved in the probate process and cannot later change your mind. These rights pass to the other executors (if any, to other beneficiaries or the deceased's next closest relative. You can do this independently or through a professional. Online services are available too.
2. Obtain power reserved
You can only do this if you were named in a will, rather than appointed as a representative in accordance with intestacy law. This is formalised through a document called 'notice to a non-proving executor,' or Form PA25. By signing the form you are stating that you wish to reserve the right to act as executor in the future, if necessary. When you apply for probate, the form is simply included in with the application. Therefore once again, this is not an option if you have already 'intermeddled' in the estate.
3. Seek help from a professional
If time or practicalities are your primary reasons for being unable to fulfil your executors duties, you could employ a professional handle probate on your behalf. This way you can retain control, but a probate practitioner will carry out all the necessary paperwork and even attend the interview at the registry. Once probate has been granted, they will administer the estate; collect in monies, pay what's owed and contact all relevant institutions and service providers. Monies will be taken from the estate and there's no need to pay anything in advance. This is the only course of action available if you have already obtained a grant of probate, or have acted on behalf of the deceased.
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