The days after a death
I do not want to be the executor
Being named an executor does not force you to serve. Every common-law province lets you decline, and each publishes a form. Here is the form by province, the truth about the rule everyone repeats, and what to do if you have already been appointed. This is general information, not legal advice.
The renunciation before you touch anything rule
The rule people repeat, that you must formally decline before you touch anything of the estate or you lose the right to decline, is only actually published in five jurisdictions: British Columbia, Alberta, Nova Scotia, Newfoundland and Labrador, and Yukon. In Ontario, Saskatchewan, Manitoba, New Brunswick, and Prince Edward Island, the statutes, rules, and forms do not use the word, so we do not state it as a rule there. Where you are unsure, decline before you act, and ask the estate registry.
The form, by province
| Where | Renunciation form |
|---|---|
| BC | Form P17 |
| AB | Form GA11 |
| SK | Form 16-16 (probate) and Form 16-26 (administration) |
| MB | Form 74N, plus Form 74X affidavit of execution |
| ON | Form 74G (Renunciation and Consent) |
| NS | Form 12 (plus Forms 13 to 16) |
| NB | Form 2AA or 2BB |
| PE | Form 65K or 65L |
| NL | An unnumbered renunciation form |
| YT | Form 76A |
Ontario’s form is a fillable document rather than a numbered court form; the others are the numbered forms above.
Worth knowing, by province
- Alberta is less final than most: making an application is not itself intermeddling, and a renunciation does not by itself prevent the named personal representative from later applying for a grant.
- In British Columbia, a person who is cited and does not obtain probate within 6 months of being served, or who serves an answer refusing, is deemed to have renounced.
- In Saskatchewan, renunciation is mandatory, not optional: if an executor does not apply for a grant, they must renounce in Form 16-16. And after 60 days any interested person may move to require the executor to apply or to renounce; doing neither ends their rights.
- In Ontario, once you renounce (Estates Act s.34), your rights in the executorship wholly cease and representation devolves as if you had never been appointed.
- If you have already been appointed, the route is no longer renunciation but an application to the court: in Ontario the court may remove a personal representative (Trustee Act s.37(1)); in British Columbia the court may remove or pass over a person who refuses to act (WESA s.158(3)(a)).
Quebec is separate
Quebec is a different system and must be kept separate. Declining the office of liquidateur (art. 784) is not the same as renouncing the succession as an heir (arts. 630 to 648), which has different consequences. No one is bound to accept the office of liquidateur unless they are the sole heir; the office then devolves to the heirs, and the court may designate or replace a liquidateur where the heirs cannot agree. There is no prescribed form for declining the liquidateur's office. Renouncing the succession itself must be express, by notarial act or by a recorded judicial declaration.
Common questions
Can I refuse to be the executor?
Yes. Every common-law province lets a named executor decline, and each publishes a form to do it. Quebec is different: it deals with the office of liquidateur separately.
Is it true I lose the right if I touch anything first?
Only in some provinces. The "renounce before you intermeddle" rule is published in British Columbia, Alberta, Nova Scotia, Newfoundland and Labrador, and Yukon. In Ontario, Saskatchewan, Manitoba, New Brunswick, and Prince Edward Island, it is not published. Where you are unsure, decline before you act.
What if I have already been appointed?
Then it is no longer a renunciation. The route is an application to the court, for example to remove a personal representative in Ontario (Trustee Act s.37(1)) or to remove or pass over a person who refuses to act in British Columbia (WESA s.158(3)(a)).
Where to go from here
General information only, not legal advice. Guidepost is not a law firm. Full disclaimer. Last updated: July 2026.