RESIGNATION OF PERSONAL REPRESENTATIVE

PART A: LETTER TO COURT

[DATE]

[COURT NAME]
[ADDRESS]
[CITY, STATE ZIP]

RE: Estate of [DECEDENT NAME], Deceased
Case Number: [________________________________]
Resignation of [Executor/Administrator/Personal Representative]

Dear Clerk of Court:

Please accept this letter and the accompanying Petition as my formal resignation as [Executor/Administrator/Personal Representative] of the Estate of [DECEDENT NAME], Deceased.

I. PERSONAL REPRESENTATIVE INFORMATION

Name: [________________________________]

Address:
[________________________________]
[________________________________]

Telephone: [(___)___-____]

Email: [________________________________]

Date of Appointment: [__/__/____]

Letters Issued: [☐ Testamentary ☐ of Administration]

II. REASON FOR RESIGNATION

I am resigning as Personal Representative for the following reason(s):

☐ Health reasons - I am unable to continue serving due to health issues.

☐ Relocation - I am relocating to [LOCATION] and will be unable to effectively administer the estate.

☐ Time constraints - Due to personal or professional obligations, I no longer have adequate time to devote to estate administration.

☐ Conflict of interest - A conflict has arisen that makes continued service inappropriate.

☐ Disputes with beneficiaries - Irreconcilable disputes with beneficiaries make continued service impractical.

☐ Complexity of estate - The complexity of the estate exceeds my ability to properly administer it.

☐ Personal reasons - Personal circumstances prevent me from continuing to serve.

☐ Financial burden - The responsibilities have become financially burdensome.

☐ Other: [________________________________]

Additional explanation:
[________________________________]
[________________________________]
[________________________________]

III. CURRENT STATUS OF ADMINISTRATION

A. Documents Filed

B. Assets Under Administration

Current Estate Assets:

Location of Assets:
☐ Bank account(s) at: [________________________________]
☐ Brokerage account(s) at: [________________________________]
☐ Physical assets at: [________________________________]

C. Debts and Claims

Creditor claim period: ☐ Expired on [__/__/____] ☐ Expires on [__/__/____]

D. Distributions Made

☐ No distributions have been made.

☐ The following distributions have been made:

E. Pending Matters

☐ No pending matters.

☐ The following matters are pending:

[________________________________]
[________________________________]
[________________________________]

IV. ACCOUNTING

☐ An accounting through [__/__/____] is attached hereto.

☐ An accounting will be filed within [____] days.

☐ I request additional time to prepare an accounting.

V. PROPOSED SUCCESSOR

☐ No successor proposed - I request the Court appoint a successor.

☐ Successor named in Will:
Name: [________________________________]
The Will names [NAME] as successor Executor.

☐ Proposed Successor:
Name: [________________________________]
Address: [________________________________]
Relationship to Decedent: [________________________________]
The proposed successor is willing to serve: ☐ Yes ☐ Unknown

☐ Request for professional fiduciary:
I request the Court appoint a professional fiduciary/public administrator.

VI. TRANSITION PLAN

Upon acceptance of this resignation and appointment of a successor:

1. Asset Transfer: I will transfer all estate assets to the successor within [____] days.

2. Document Transfer: I will provide the successor with:
   ☐ All estate files and documents
   ☐ Bank account information and access
   ☐ Investment account information
   ☐ Tax records and returns
   ☐ Correspondence
   ☐ List of pending matters
   ☐ Keys to real property
   ☐ Other: [________________________________]

3. Cooperation: I will cooperate with the successor during the transition period.

VII. BOND

☐ No bond was posted.

☐ A bond in the amount of $[____________] was posted with [SURETY].

☐ Upon final accounting and discharge, I request release of the bond.

VIII. REQUESTS

I respectfully request that this Court:

☐ Accept my resignation as [Executor/Administrator/Personal Representative]

☐ Appoint a successor [Executor/Administrator/Personal Representative]

☐ Approve my accounting through the date of resignation

☐ Approve compensation for my services in the amount of $[____________]

☐ Discharge me from further liability upon completion of transition

☐ Release my bond upon final discharge

☐ Other: [________________________________]

IX. ACKNOWLEDGMENTS

I understand and acknowledge that:

1. My resignation is not effective until accepted by the Court.

2. I remain liable for my actions as Personal Representative until a successor is appointed and qualified.

3. I must account for all transactions during my tenure.

4. I must cooperate with my successor during the transition.

5. I may remain liable for any breaches of fiduciary duty during my tenure.

X. SIGNATURE

_________________________________
[PERSONAL REPRESENTATIVE NAME]

Date: [__/__/____]

PART B: PETITION FOR APPROVAL OF RESIGNATION

COURT CAPTION

STATE OF [________________________________]

COUNTY OF [________________________________]

IN THE [PROBATE/SURROGATE'S/SUPERIOR] COURT

Case Number: [________________________________]

IN THE MATTER OF THE ESTATE OF:

[DECEDENT NAME], Deceased

PETITION FOR APPROVAL OF RESIGNATION

NOW COMES [PERSONAL REPRESENTATIVE NAME], the [Executor/Administrator/Personal Representative] of the above-captioned estate, and petitions this Court for approval of resignation, and in support states:

1. Petitioner was appointed [Executor/Administrator/Personal Representative] on [__/__/____].

2. Petitioner has served as [Executor/Administrator/Personal Representative] for approximately [____] months/years.

3. Petitioner wishes to resign for the reasons stated in the attached resignation letter.

4. An accounting of Petitioner's administration is attached / will be filed.

5. [SUCCESSOR NAME] is nominated as successor, or the Court is requested to appoint a successor.

6. Petitioner will cooperate in the transition of administration.

WHEREFORE, Petitioner requests that this Court:

a) Accept this resignation;
b) Approve the accounting;
c) Appoint a successor;
d) Approve compensation of $[____________];
e) Discharge Petitioner upon completion of transition.

Respectfully submitted,

_________________________________
[PERSONAL REPRESENTATIVE NAME]

Date: [__/__/____]

PART C: CONSENT OF SUCCESSOR (if applicable)

CONSENT TO SERVE AS SUCCESSOR PERSONAL REPRESENTATIVE

I, [SUCCESSOR NAME], hereby consent to serve as successor [Executor/Administrator/Personal Representative] of the Estate of [DECEDENT NAME], Deceased, upon the resignation of [CURRENT PR NAME] and my appointment by the Court.

I am qualified to serve and am not disqualified under the laws of this state.

_________________________________
Signature

_________________________________
Printed Name

Address: [________________________________]

Telephone: [(___)___-____]

Date: [__/__/____]

PART D: NOTICE TO INTERESTED PARTIES

[DATE]

[BENEFICIARY/INTERESTED PARTY NAME]
[ADDRESS]

RE: Estate of [DECEDENT NAME], Deceased
Case Number: [________________________________]
Notice of Resignation of Personal Representative

Dear [Name]:

Please be advised that I am resigning as [Executor/Administrator/Personal Representative] of the above-referenced estate. A copy of my resignation is enclosed.

A hearing on this matter [will be held / is scheduled for]:

Date: [__/__/____]
Time: [____:____ AM/PM]
Location: [________________________________]

You have the right to appear at this hearing and be heard on any matters related to the resignation and appointment of a successor.

If you have any questions, please contact me or my attorney at the address below.

Sincerely,

_________________________________
[PERSONAL REPRESENTATIVE NAME]

Enclosures:
- Copy of Resignation Letter
- Copy of Petition
- Notice of Hearing (if applicable)

PROOF OF SERVICE

I served copies of this Resignation and Petition on the following:

_________________________________
Signature

Date: [__/__/____]

END OF EXECUTOR RESIGNATION PACKAGE