Not everyone can shoulder the heavy responsibilities of an executor when the time comes. Perhaps you’ve realized that the tasks exceed your capabilities or that your current situation may make it challenging to meet the demands of the role. Whether it is a health issue, the challenges of aging, time constraints or other reasons, you are free to resign from the position.
However, note that your decision to leave may affect the estate, particularly if you do so in the middle of administration. It will be crucial to follow New York’s guidelines to relieve yourself of the role and ensure the estate is not left unmanaged.
Stepping down with grace
Considering your desire to resign as executor of the estate, there are mainly two procedures to follow:
Before court appointment
Even if the will names you, taking on the role of executor is voluntary before court appointment. Should you decide that executorship is not for you, you can decline by filing a Renunciation of Nominated Executor form to the Court. This will formally release you from executorship.
However, the process changes drastically if you are already in the middle of administering an estate.
After court appointment
If you’ve already been appointed as executor, you cannot just step down. You must petition the court to allow you to resign and provide a reason for leaving. The court will decide after factoring in what is best for the estate. If your resignation does not serve the estate, the court may deny your request.
Besides your petition to resign, you must also submit a formal accounting of the estate’s finances, unless all beneficiaries agree to forego this step. After the court grants your petition, the successor executor can take over the position.
To avoid potential complications with estate administration, it is usually best to renounce executorship before the court appointment. Your proactive approach may save the estate expenses and help facilitate a smoother transition. If you are set on resigning, an attorney can guide you through the process or help you through complications.
Sometimes, all an executor needs is a helping hand. If you believe that assistance would enable you to handle the position, an attorney can also provide the necessary support you need to manage the estate effectively.
