Legal Question in Wills and Trusts in Michigan
My father-in-law recently passed away and named my husband as executor in his will. He would like to renounce his executorship, which would then go to his older brother (stated in the will). Does he need to file an official document via probate court to renounce the executorship if his brother agrees to take over as the new executor?
3 Answers from Attorneys
Yes, there is a specific form that he would sign and file with the initial probate documents.
I would be happy to help the family do the paperwork to make the probate process as simple as possible, including the change of personal representative (executorship). Please feel free to contact me at 586-580-8850.
Please accept my condolences on the loss of your father-in-law.
Yes, your husband will complete a simple form called Renunciation of Right to Appointment, Nomination of Personal Representative and Waiver of Notice. I believe it's Form PC 567 and available from the court's website. Best is to call the surrogate's directly and ask the question; they'll give you the answer over the phone.
Good luck.
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