Section 1417. Renunciation by nominated executor; retraction thereof 1  


Latest version.
  • 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      have been so issued, if such letters have been revoked or the person  to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.