Phil. Est. Pract. Handbook Form 3

Current through March 1, 2017

Form 3 - Petition for Leave to Resign As Executor

No.

ESTATE OF JOSEPH B. DUNN, DECEASED

PETITION FOR LEAVE TO RESIGN AS EXECUTOR

The petition of Richard Roe respectfully states that:

1. Petitioner was qualified as executor of the Will of the above decedent by the Register of Wills of Philadelphia County on July 1, 1999, pursuant to a designation in the Will of Joseph B. Dunn, dated March 1, 1990; testator having died on June 1, 1999.

2. Under the terms of his Will, his widow, Jane R. Dunn, is the sole beneficiary.

3. Irreconcilable differences have arisen between petitioner and said Jane R. Dunn with regard to the administration of the estate.

3. (ALTERNATE) Petitioner's health has deteriorated subsequent to his qualifying as executor, to a point where petitioner feels that the duties of the office impose an undue burden upon him.

3. (ALTERNATE) Petitioner will soon be leaving the Commonwealth of Pennsylvania, intending to relocate permanently in the State of Florida.

4. Petitioner believes that the administration of the estate may be adversely affected by his continuing as executor.

5. Petitioner has given notice of his intention to file this petition to Jane R. Dunn, the sole beneficiary under the will, and her joinder to this petition is set forth below.

6. Petitioner has been advised that Howard Roe, the named alternate in the Will of March 1, 1990, intends to qualify as succeeding executor.

6. (ALTERNATE) Petitioner has been advised that Jane R. Dunn, the residuary legatee named in the Will of March 1, 1990, intends to qualify as administratrix, d.b.n.c.t.a.

7. No property of the decedent has come into the possession of petitioner.

7. (ALTERNATE) Petitioner has taken possession of various assets of the decedent as reflected in an inventory filed with the Register of Wills on September 14, 1995, a copy of which is attached hereto. Petitioner will deliver these assets to his successor when properly qualified.

Wherefore, petitioner respectfully requests that his resignation as executor be accepted, upon qualification of a successor.

________________________

Richard Roe

[SEE VERIFICATION AT APPENDIX B: FORM 1 ]

Phil. Est. Pract. Handbook Form 3

Various statutory grounds for removal of a personal representative are provided in 20 Pa. C.S.A. § 3182. However, no statute provides for resignation by the personal representative.

Procedurally, the resigning party should file with the Register a Petition for Leave to Resign in the form indicated above. The Register will then accept the resignation upon qualification of a succeeding personal representative. If the Register refuses to accept the resignation, a petition may be filed with the Orphans' Court Division.

Acceptance of a personal representative's resignation does not release him from liability for any acts during his term of service, and the new personal representative should make certain that all assets owned by the estate are received by him. The desirability of filing or at least preparing an interim account should be considered.