Legal Renunciation of Letters

LEGAL RENUNCIATION OF LETTERS

This Renunciation of Letters is executed by Renouncer Name: of Address: with respect to the estate of Decedent Name: , Case No. , pending in the Probate Court of County: . The Letters were issued on .

RECITALS

WHEREAS, the Renouncer was designated or nominated to act as personal representative, executor, or administrator for the estate of the Decedent and Letters were issued or requested in connection therewith;

WHEREAS, the Renouncer has determined not to accept appointment or to discontinue any claim to appointment and desires to renounce all rights, powers and duties associated with such Letters in accordance with applicable probate law; and

WHEREAS, it is the intent of the Renouncer by this instrument to effect an immediate and irrevocable renunciation of any claim to Letters of Administration or Letters Testamentary with respect to the Estate.

NOW, THEREFORE

In consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Renouncer hereby agrees as follows:

1. RENUNCIATION

The Renouncer, as of the date set forth below, irrevocably and unconditionally renounces, refuses and disclaims any and all right, title, power, privilege, authority and interest to apply for, receive, accept, qualify for, execute, administer or otherwise act under any Letters Testamentary, Letters of Administration, or other letters issued by the Probate Court with respect to the Estate. This renunciation shall operate as a complete and permanent refusal of appointment and shall be binding on the Renouncer and the Renouncer’s heirs, executors, administrators and assigns.

2. SCOPE OF RENUNCIATION

The Renouncer specifically renounces any authority to act as a fiduciary for the Estate, including but not limited to collecting assets, posting or claiming a bond, making payments on behalf of the Estate, hiring professionals, or otherwise exercising any duties or powers that would be conferred by Letters. This renunciation applies whether letters were previously issued, offered, or anticipated.

3. REPRESENTATIONS AND WARRANTIES

The Renouncer represents and warrants that: (a) the Renouncer has full legal capacity to execute this Renunciation; (b) the Renouncer has not performed any material acts in furtherance of acceptance of Letters that would be inconsistent with renunciation except as disclosed below in Additional Acts Performed; and (c) this Renunciation is executed voluntarily, without duress or undue influence.

4. EFFECT ON BOND AND LIABILITY

Except as provided by applicable law, the Renouncer acknowledges that this Renunciation shall not affect liability for any acts performed prior to the effective date of renunciation. The Renouncer disclaims any right to require issuance, maintenance, or discharge of any bond in his or her favor and shall not be personally liable for any acts or omissions by any successor personal representative arising after the effective date of this Renunciation.

5. IRREVOCABILITY; NO ACCEPTANCE

The Renouncer acknowledges that this Renunciation is intended to be irrevocable and that by executing this instrument the Renouncer will not thereafter accept appointment or perform duties of a personal representative unless the Probate Court subsequently orders otherwise upon petition and notice. Nothing in this Renunciation shall be construed as a waiver of the Renouncer’s right to later petition the court for leave if permitted by law.

6. NOTICES

Any notice, demand or other communication required or permitted under this Renunciation shall be in writing and delivered to the party at the address set forth below or such other address as the party may designate in writing. Notice shall be effective upon personal delivery or three (3) business days after deposit in the United States mail, first-class postage prepaid, properly addressed.

7. AMENDMENT; WAIVER; COUNTERPARTS

This Renunciation may be amended or modified only by a written instrument signed by the Renouncer and an authorized representative of the party entitled to rely upon the Renunciation. No waiver of any provision shall be effective unless in writing signed by the party granting the waiver. This instrument may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one instrument.

8. GOVERNING LAW

This Renunciation shall be governed by and construed in accordance with the laws of the State of Governing State: , without regard to its choice of law rules.

9. ENTIRE AGREEMENT

This instrument constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, regarding the Renouncer’s acceptance of Letters.

10. SEVERABILITY

If any provision of this Renunciation is determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

11. ACCEPTANCE BY COURT OR OTHER PARTY

The parties acknowledge that any effect of this Renunciation upon the Probate Court, appointment of alternate representatives, or distribution of estate assets shall be determined by the Probate Court in accordance with applicable law. The Renouncer requests that the Probate Court treat this instrument as an effective renunciation to the extent permitted by law.

12. MISCELLANEOUS

Headings used in this Renunciation are for convenience only and shall not affect the interpretation of the provisions. References to gender include all genders and the singular includes the plural where appropriate.

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