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Renunciation

re·nun·ci·a·tion

Also called Disclaimer

Short Definition

A formal, voluntary refusal by an heir, beneficiary, or nominated executor to accept an inheritance or an appointment. Once properly filed, it is generally treated as if that person had died before the decedent for that purpose.

In a Sale

What This Means When the House Is Being Sold

Someone named as executor in a will is not required to serve, and an heir is not required to accept an inheritance. Where a family member does not want the responsibility, or has tax or personal reasons to decline an inheritance, a properly filed renunciation lets the estate move forward with the next person in line, rather than staying stuck waiting indefinitely on someone unwilling to act at all.

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Not to Be Confused With

What Tells Them Apart

Renunciation is the act of formally declining a role or an inheritance. Executor and Heir are the roles or positions being renounced, someone named to serve or someone entitled to inherit. A renunciation does not eliminate the estate's need to fill that role, it simply removes that specific person from consideration for it.

Questions

Questions People Ask

Can someone named as executor decline to serve?

Yes. Nobody named in a will as executor is required to accept the appointment, and a formal renunciation lets the court move to the next qualified person, often an alternate named in the will or another eligible family member. An estate attorney can prepare the necessary filing.

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