How do I renounce probate as an executor in Manitoba?
This answer covers the law of Manitoba.
To renounce as a named executor in Manitoba, you file Form 74N, Renunciation of Probate or Letters of Administration with Will Annexed, together with Form 74X, an Affidavit of Execution of Renunciation, in the Court of King's Bench. Form 74X is sworn by a witness to the signing of your renunciation.
Once you renounce, your executorship ends, and the estate's representation and administration pass as if you had never been named executor, without any further renunciation. The same section ends any trusteeship under the will, unless your renunciation expressly reserves the trusteeship. Form 74O is a different form, used by next of kin entitled to letters of administration on an intestacy, not by a named executor.
Do not simply ignore the role, because the court may summon a named executor to prove the will. An executor who has renounced or has not proved the will is also excluded from the Trustee Act definition of personal representative. If you are unsure whether to keep the trusteeship, or whether you have already taken steps as executor, a lawyer can confirm how the rules apply to you.
Key takeaways
- A named executor renounces by filing Form 74N, Renunciation of Probate or Letters of Administration with Will Annexed, with Form 74X, the Affidavit of Execution of Renunciation.
- Once you renounce, the estate's administration passes as if you had never been named executor, and any trusteeship under the will also ends unless you expressly reserve it.
- Form 74O is for next of kin renouncing letters of administration on an intestacy, not for a named executor.
- If you do not want the job, renounce rather than ignore the matter, because the court may summon a named executor to prove the will.