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Faizan
An administrator of an estate is often a taxing role that people take on begrudgingly. An estate administrator is typically tasked with handling an intestate estate, or one without a will. An executor, by comparison, is given the similar responsibility of handling an estate pursuant to the terms of the will of the deceased, known as the decedent. Voluntary removal from either position is generally possible in most jurisdictions, provided that you file a petition citing the reasons why you cannot continue. A court may also opt to remove you for failing to fulfill your role with diligence.
Role of Personal Representative
As an administrator or executor, you are in a position of leadership and trust over the estate of the decedent. Your duties include locating and notifying creditors, locating beneficiaries if there is a will and heirs if there isn't, as well as determining the value of the estate assets. You are responsible for conducting a formal inventory of estate property, both real and personal, which may require an appraisal in some situations. The administration process also requires the payment of debts and distribution of assets to beneficiaries and heirs once the creditors' claims period expires.
Ways to Avoid Serving as Administrator
You generally must have a reason for seeking removal as administrator or executor of an estate. The probate court must approve your removal. In most jurisdictions, this process is known as a renunciation of your rights to administer the estate. If you were already appointed, you must petition the probate court to remove you from your appointment. If, however, you have not yet been appointed but believe that you are either eligible for the role or named as the executor in the will, you may submit a formal renunciation of your rights; a form may be available at the probate courthouse for this purpose.
Renunciation
A formal renunciation is a short statement alerting the court that you do not wish to serve as administrator. In some jurisdictions, you have the option of electing a replacement person to serve as administrator. That person is not bound by your election and may opt to renounce as well, however. In general, the renunciation begins by acknowledging your right to administer the estate, followed by a sentence stating that you do hereby renounce your right to be the administrator. You must then sign and date the form, as well as have it notarized.
Petition for Removal
If you have already been duly appointed to serve as administrator by the probate court by receiving letters of administration, it is too late to submit a renunciation form. Instead, you can petition the probate court to remove you as administrator by citing the reasons why you cannot continue in the role. You can assert that you are unable to fulfill the tasks due to a disability, incompetence or a general inability to fulfill your duties. The court may hold a hearing on the matter, particularly if other heirs and beneficiaries object to your attempt to relinquish your role as administrator. If an alternate party is willing to take your place, you should include this information in your petition, as the judge may then just sign an order removing and replacing you without holding a hearing. Alternatively, if you are appointed to administer an intestate estate and a will is later located naming a different person as executor, you may cite this in your petition for removal.
Role of Personal Representative
As an administrator or executor, you are in a position of leadership and trust over the estate of the decedent. Your duties include locating and notifying creditors, locating beneficiaries if there is a will and heirs if there isn't, as well as determining the value of the estate assets. You are responsible for conducting a formal inventory of estate property, both real and personal, which may require an appraisal in some situations. The administration process also requires the payment of debts and distribution of assets to beneficiaries and heirs once the creditors' claims period expires.
Ways to Avoid Serving as Administrator
You generally must have a reason for seeking removal as administrator or executor of an estate. The probate court must approve your removal. In most jurisdictions, this process is known as a renunciation of your rights to administer the estate. If you were already appointed, you must petition the probate court to remove you from your appointment. If, however, you have not yet been appointed but believe that you are either eligible for the role or named as the executor in the will, you may submit a formal renunciation of your rights; a form may be available at the probate courthouse for this purpose.
Renunciation
A formal renunciation is a short statement alerting the court that you do not wish to serve as administrator. In some jurisdictions, you have the option of electing a replacement person to serve as administrator. That person is not bound by your election and may opt to renounce as well, however. In general, the renunciation begins by acknowledging your right to administer the estate, followed by a sentence stating that you do hereby renounce your right to be the administrator. You must then sign and date the form, as well as have it notarized.
Petition for Removal
If you have already been duly appointed to serve as administrator by the probate court by receiving letters of administration, it is too late to submit a renunciation form. Instead, you can petition the probate court to remove you as administrator by citing the reasons why you cannot continue in the role. You can assert that you are unable to fulfill the tasks due to a disability, incompetence or a general inability to fulfill your duties. The court may hold a hearing on the matter, particularly if other heirs and beneficiaries object to your attempt to relinquish your role as administrator. If an alternate party is willing to take your place, you should include this information in your petition, as the judge may then just sign an order removing and replacing you without holding a hearing. Alternatively, if you are appointed to administer an intestate estate and a will is later located naming a different person as executor, you may cite this in your petition for removal.
Posted in: Estate Laws
