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This entry was published on 2014-09-22
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Renunciation by nominated executor; retraction thereof 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 14
§ 1417. Renunciation by nominated executor; retraction thereof

1. A person named as executor in a will may renounce his right to
letters testamentary by an acknowledged instrument.

2. A renunciation may be retracted by an instrument executed in like
manner as required for the execution of a renunciation at any time
before letters testamentary or letters of administration with will
annexed have been issued to any other person in his place or after they
have been so issued, if such letters have been revoked or the person to
whom they were issued has died or become an incompetent and there is no
other acting executor or administrator.

3. Where a retraction is so made letters testamentary may be issued
to the person making it upon such notice as directed by the court.

4. An instrument specified in this section must be filed in the court
having jurisdiction over the estate.