If an estate is small and holds no real estate, it is possible that no probate was filed with a court because it was not necessary. Where no Executor or Personal Representative was appointed by a court, an Executor can usually resign by notifying the beneficiaries and the successor Executor. For small estates with no real estate or probate filings in court, the following executor resignation and appointment of successor executor form could be used. Be certain to send copies of the signed form to any beneficiaries that must be notified under the terms of the trust.
Where an estate is subject to a probate filed in court, it is necessary to file the resignation of a Personal Representative with the court. Consult with an attorney to determine the appropriate actions for an Executor or Personal Representative to resign from an estate subject to a court probate.
After an executor resigns, it can become necessary to appoint a new executor to finalize administration of the estate.
In cases where there are disputes about the executor stepping down, review information about the processes involved with Executor Removal.
Fiduciary powers are often consolidated in an individuals and where an individual resigns as executor, it is often necessary to also resign as trustee.