- A named executor who renounces probate has all rights in respect of the executorship cease, and representation passes as if they had not been named.
- Renunciation is made by filing Form 2AA or 2BB and an affidavit of execution with the clerk.
- If you have already begun acting as executor, whether you can still renounce is not clear from the court provisions, so get advice first.
Being named executor does not always mean you want, or are able, to take it on. You may be elderly, ill, living far away, or simply unwilling to carry the responsibility.
This article explains how renunciation works in New Brunswick, what happens if you do nothing, and what the estate looks like afterward. It is general information only.
This article covers the law of New Brunswick.
Can you say no?
Yes, the Probate Court Act provides for renunciation. A named executor who renounces probate has all rights in respect of the executorship wholly cease, and representation passes as if they had not been named.
The wording matters. Renouncing means giving up the executorship. Whether you keep any gift you were left under the will is a separate question that depends on the will, and it is worth confirming with a lawyer before you sign.
How to renounce
Renunciation is made by filing a renunciation in Form 2AA or 2BB, together with an affidavit of execution, with the clerk. The procedure comes from the Probate Rules, and the Court publishes an index of forms and a General Check List for Probate Applications.
Which office to file at and any other practical requirements depend on your situation, so confirm them with the clerk of the Probate Court before you sign anything.
- Confirm you have not already acted as executor.
- Obtain Form 2AA or 2BB from the Court's index of forms.
- Complete the affidavit of execution.
- File both with the clerk, after confirming with the Court where to file.
- Keep copies and tell the other family members and the person applying instead.
If you have already started acting
The provisions on renunciation and on who may be granted administration do not themselves say when an executor who has begun acting may still renounce. Acts such as paying bills, dealing with assets or taking control of property could matter, and this is a point where a lawyer's advice is worth getting before you file.
If the named executor is not the applicant, the Court's checklist requires an affidavit explaining why, plus a death or incapacity certificate and any needed renunciations. So the Court expects the paperwork to show why someone named is not applying.
If you do nothing or if others are waiting
Where a named executor fails to bring in a will, an interested person may seek a citation requiring the executor to accept or refuse probate. No such citation issues until seven days after the testator's death. Persons may also be ordered to deposit a will in their possession.
Probate or administration with the will annexed is also not granted until seven days have passed from the death. Delay does not make the job go away, so an early decision helps everyone, including you.
What happens to the estate afterward
With no executor, someone else must be appointed. Administration may be granted to the spouse, next-of-kin or the next-of-kin's spouse, as the Court considers proper, where the named executor refuses on citation to prove the will. A trust company authorized to do business in the Province may also be appointed.
For a will with no executor able to act, the Court's checklist lists Forms 2C and 2D for administration with the will annexed. Letters of Administration appoint an administrator who collects the assets, pays debts and taxes, and distributes to those legally entitled.
- If letters go to a creditor or a non-resident, a bond with sureties is required.
- The Court may appoint an interim administrator while a will's validity is in question.
- Where the estate is small, with a probate value of $25,000 or less, the Public Trustee may administer after filing an affidavit with the Registrar.
What to do next
Decide early and keep a written record of what you did and when. If you are unsure, do not start dealing with assets while you decide. Speak with a lawyer if you have already acted, if the will is disputed, or if you are named alongside other executors.
If you are asked to step aside by relatives, talk to them about who will apply in your place, so the Court application can move forward.
Frequently asked questions
Is there a form to renounce as executor?
Yes. You file a renunciation in Form 2AA or 2BB and an affidavit of execution with the clerk.
What if I am one of several executors?
The rules cited here describe a named executor who renounces, with representation passing as if that person had not been named. How that works with several executors depends on the will, so a lawyer can confirm.
Can someone force me to decide?
An interested person may seek a citation requiring a named executor who has not brought in the will to accept or refuse probate. No such citation issues until seven days after death.
Who takes over after I renounce?
Representation passes as if you had not been named. Who is then appointed depends on the situation. Where a named executor refuses on citation to prove the will, administration may be granted to the spouse, next-of-kin or the next-of-kin's spouse as the Court considers proper, and a trust company authorized to do business in the Province may also be appointed. A lawyer can confirm how this applies to your estate.
Sources
- Probate Court Act, SNB 1982, c P-17.1 — laws.gnb.ca
- New Brunswick Courts – Probate Court — courtsnb-coursnb.ca
- Probate Rules, NB Reg 84-9 — laws.gnb.ca
- New Brunswick Courts – Probate Court FAQ — courtsnb-coursnb.ca
- Probate Court – General Check List for Probate Applications (rev. June 2026) — courtsnb-coursnb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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