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Probate Problem #17: Should I Renounce Being Executor?

 ...and what happens if I do? 

There’s a moment after losing someone when you get handed an envelope, a phone call, or just a sentence that starts with, “You’ve been named as executor in NSW probate.” The world already feels upside down—and now, this. 

Jamie remembers reading the will: 

“I thought, ‘How could I possibly be the one to handle all this?’” 

If you’ve ever felt that wave of uncertainty, you’re not alone. Many of our clients—like Jamie—find themselves unexpectedly named in a will in NSW, unsure of what to do next. Sometimes, stepping back is the right decision. 

What Does It Really Mean to Renounce Probate in NSW?

Renouncing probate in NSW doesn’t mean letting someone down. It’s about recognising your limits in a difficult time. 

“I knew I wanted to do the right thing for my friend,” Jamie said. “But the truth was, I had no idea where to begin.” 

Renouncing means giving up the role of executor of a deceased estate in NSW—before you start managing any part of it. This is critical because once you begin dealing with the estate (known as intermeddling), renunciation becomes much harder and may require Supreme Court of NSW approval. Understanding what is Grant of Probate and its responsibilities can help you make an informed decision before taking on the role. 

Jamie’s Journey: The Steps to Renouncing Probate in NSW 

1. Deciding to Renounce: Jamie admitted to herself that she wasn’t the right person for the job.
   “There was relief—and guilt. But I learned I wasn’t abandoning anyone. I was making sure it would be done right.”

2. Filing the Renunciation Form: Jamie submitted a Renunciation of Probate form through the NSW Supreme Court.
   “It was a huge relief knowing there was a proper legal process for people like me.” 

4. Acting Quickly: Delays in renouncing can complicate matters—especially if you’ve started to manage assets.
   “I nearly waited too long. Luckily, I hadn’t officially done anything with the estate yet.” 

5. Who Steps In Next: If the will names a substitute executor, they step in. Otherwise, beneficiaries or a professional executor in NSW may apply to take over.
   “Knowing someone was ready to take over made all the difference.” 

What Happens Legally When You Step Back? 

Renouncing executorship has legal consequences. If a grant of probate in NSW has already been issued, you'll need the court’s approval to withdraw. 

Jamie remembers: 

“I was worried about what would happen to the estate. But once my lawyer explained my obligations as an executor in NSW, it became manageable.” 

Jamie’s Case Study: Renouncing Executorship in NSW with Relief

Jamie was named as executor of a complex NSW estate with multiple properties, debts, and investments. 

How it unfolded: 

• Jamie filed her renunciation within a few weeks

• She hadn’t managed assets, so the NSW Supreme Court accepted it

• A professional executor was appointed

• Total legal fees: around $15,000, far less than the potential stress 

“Once I realised I wasn’t alone—and there was a clear process—it changed everything.” 

You may be interested in: What if the executor refuses to act?  

Key Facts and Real Numbers 

• 5–10% of executors in Australia end up renouncing

• Most common reasons: 

• 1. Lack of expertise (40%)

  2. Personal conflict (25%)

  3. Time commitment (35%) 

• Delays: Waiting too long can increase costs by 20–30%

• Around 15% of NSW estates are managed by professional executors

• Legal costs for renouncing probate in NSW typically range from $10,000–$20,000

Where Jamie Found Help