Information for an executor who is unable or unwilling to apply for a grant of Probate.
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:
You should include:
Instructions: Renunciation of Probate
Sample: Renunciation of Probate
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.
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