Short answer. Yes. Rule 82, Section 2 gives the court the option, in cases warranting removal, to instead in its discretion permit the administrator to resign rather than removing him. Resignation is not automatic; it happens only if the court, in its discretion, allows it instead of ordering removal.

What the law says

the court may remove him, or, in its discretion, may permit him to resign

Rule 82, Section 2 — Court may remove or accept resignation of executor or administrator; Proceedings upon death, resignation, or removal. Read the full provision →

What the law says

If an executor or administrator neglects to render his account and settle the estate according to law, or to perform an order or judgment of the court, or a duty expressly provided by these rules, or absconds, or becomes insane, or otherwise incapable or unsuitable to discharge the trust

Rule 82, Section 2 — Court may remove or accept resignation of executor or administrator; Proceedings upon death, resignation, or removal. Read the full provision →

What the law says

When an executor or administrator dies, resigns, or is removed the remaining executor or administrator may administer the trust alone, unless the court grants letters to someone to act with him.

Rule 82, Section 2 — Court may remove or accept resignation of executor or administrator; Proceedings upon death, resignation, or removal. Read the full provision →

Yes, the court may allow resignation instead of removal

Section 2 gives the court both options in the same breath: the court may remove him, or, in its discretion, may permit him to resign. Removal is not the only outcome available once grounds exist. The court can instead choose to let the administrator step down voluntarily, which is the alternative you are asking about, rather than being forced into a contested removal proceeding.

What has to be true before either option is on the table

This choice only comes up once one of the section's specific grounds is present: if an executor or administrator neglects to render his account and settle the estate according to law, or to perform an order or judgment of the court, or a duty expressly provided by these rules, or absconds, or becomes insane, or otherwise incapable or unsuitable to discharge the trust. It is against that backdrop that the court then decides whether to remove or to permit resignation.

Permitting resignation is the court's call, not the administrator's right

The section frames resignation as something the court permits in its discretion, not as an option the administrator can simply exercise on their own once one of the listed grounds exists. The choice between removing the administrator outright and allowing them to resign instead belongs to the court, weighing the circumstances that brought the matter before it in the first place.

What happens to the estate once the administrator is gone

Section 2 also addresses what follows, whichever way the administrator's tenure ends: when an executor or administrator dies, resigns, or is removed the remaining executor or administrator may administer the trust alone, unless the court grants letters to someone to act with him. So resignation does not necessarily leave the estate without anyone in charge; a co-administrator, if there is one, may continue alone unless the court decides otherwise.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.