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If you have been named as an executor (or one of the executors) in a will and you do not want to act, follow the steps in the guide on this page.
You cannot apply for a
renunciation of probate if the court has already granted probate or if you have
taken on the role as an executor by taking responsibility over the estate, for
example, by paying bills. This is also
known as ‘intermeddling with the estate'.
If you want your solicitor, your accountant or NSW
Trustee & Guardian to take on the role as an executor, you should get legal
advice about your situation.
You should check the wording of the will to see if another person has been named as a substitute (additional) executor. This means that if you are unable or unwilling, then the substitute executor may apply for a grant.
If there are no substitute executors, then a beneficiary named in the will can apply for letters of administration with the will annexed. For more information, see Applying for letters of administration.
You can get a copy of the Renunciation of Probate (Form 123) from the:
When you fill in the form you should include:
Instructions: Instructions for filling out a Renunciation of Probate form (Form 123)
Sample: Sample Renunciation of Probate form (Form 123)
If there is a substitute executor named in the will, you should give the completed and signed Renunciation of Probate form to them to file with their application for probate.
If there are no other executors named in the will, you can give it to the person who is applying for letters of administration with the will annexed, or file it directly with Supreme Court of NSW yourself.
There is no filing fee for the Renunciation of Probate form.
The court will stamp the Renunciation of Probate form and return it back to you.