renouncing probate

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An executor's refusal, after the testator's death and in signed writing filed at a probate registry, to accept the office of executor. In such circumstances, if there are no other executors appointed, the person who would be entitled on intestacy to apply for letters of administration may apply for a grant of letters of administration * cum testamento annexo. An executor cannot renounce if he has already started to deal with the estate – he will become an executor de son tort. Compare power reserved by executor.

Subjects: Law.

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