Renouncing executorship of a will
An executor named in a will is not obliged to act. They can renounce the appointment by filing a formal renunciation with the probate court, provided they have not already intermeddled with the estate assets. Once renounced, the next named executor or a beneficiary can apply for probate or letters of administration with the will annexed.
This is an 8-step workflow for a named executor who wants to renounce their role and not act in the administration of an estate. Renunciation must occur before the executor has intermeddled with the estate, and is filed with the probate registry.
Before you start
- Copy of the will naming the executor
- Death certificate of the deceased
- Confirmation that the executor has not intermeddled with the estate
- Details of any co-executors or substitute executors named in the will
The workflow
Confirm the executor has not intermeddled
Verify that the named executor has not taken any steps that could constitute intermeddling — such as collecting assets, paying debts, dealing with estate property, or holding themselves out as executor. Intermeddling prevents renunciation.
Advise on the consequences of renunciation
Explain that renunciation is permanent — once filed, the executor cannot later change their mind and take up the role. Advise on who will apply for probate instead (co-executor, substitute executor, or beneficiary seeking letters of administration with the will annexed).
Identify the correct probate registry
Determine which state or territory probate registry has jurisdiction. This is typically the state where the deceased was domiciled at the time of death. Identify the specific forms and procedures required by that registry.
Prepare the renunciation document
Draft the formal renunciation of probate. In NSW, this is a renunciation in the prescribed form under the Probate and Administration Act 1898. In Victoria, it is filed under section 18 of the Administration and Probate Act 1958.
Have the renunciation sworn or affirmed
Arrange for the renouncing executor to swear or affirm the renunciation before an authorised witness (solicitor, justice of the peace, or other authorised person). Ensure the document is properly executed.
Notify co-executors and beneficiaries
Inform any co-executors that the renunciation is being filed so they can proceed with the probate application. If there are no other executors, notify the primary beneficiaries so they can arrange for letters of administration with the will annexed.
File the renunciation with the probate registry
Lodge the sworn renunciation with the appropriate probate registry. In most states, this is filed together with the probate application by the continuing executor or as a standalone filing if no application has yet been made.
Confirm filing and hand over estate documents
Obtain confirmation from the registry that the renunciation has been accepted and filed. Hand over the original will and any estate documents to the person who will be applying for probate or letters of administration.
What you will have at the end
The named executor has formally renounced their appointment, the renunciation is filed with the probate registry, and the estate administration can proceed with the remaining executor or a new applicant.
Common issues
- Executor has already intermeddled by collecting a bank account or paying a bill, preventing renunciation
- Not filing the renunciation before a probate application is made by the same executor
- Confusion about whether managing funeral arrangements constitutes intermeddling (generally it does not)
- No substitute executor named in the will, requiring a beneficiary to apply for letters of administration
- Delay in renouncing, leaving the estate in limbo
Run this workflow on a real matter
Quillio researches renunciation requirements across states, checks for intermeddling risks, and helps prepare the renunciation documentation. See /practice-areas/wills-estates-lawyers or start a free trial.
This workflow covers renunciation by a sole or co-executor. If an executor has intermeddled, they may need to apply to the court for leave to be removed instead. Power of attorney holders and administrators follow different procedures.
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