A personal representative, whether an executor of a will or a trustee of an estate, may be removed for failing to meet the responsibilities of the position. While different states outline varying examples of executor mismanagement, in general an executor can be removed for any of the following reasons:
Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative.
The objecting party must present all facts showing "cause" for the executor's removal. If the court determines that there are sufficient grounds then the executor must show why they should not be removed from the position. If the executor fails to attend or answer the court’s request, they will automatically be removed as the representative.
Petitioning for removal of an executor will require appearances before the probate court and presentation of evidence sufficient to prove that removal is warranted. Evaluating whether there is sufficient evidence to successfully petition for removal can be complicated and an initial review by an experienced will and probate attorney of the circumstances will likely prevent more unnecessary costs.
Last Modified: 05-21-2018 12:25 AM PDTLaw Library Disclaimer
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