How can I petition a court to remove an executor?

How can I petition a court to remove an executor?

First, determine what court is handling the estate. If you are a beneficiary of the will, you have probably been given notice that the will is being probated and you have the court and case number on hand. Depending on your jurisdiction, your written request that the court remove the executor will be called a Petition or Motion to Remove Executor.

Is there a way to disqualify a Nominated executor?

Many situations do not rise to the level of commencing a proceeding to disqualify the nominated Executor at the outset of the administration. A better way to proceed would be to retain an attorney experienced in estate administration matters to represent your interests in the estate.

Can a probate judge appoint an alternate executor?

If the will named a successor or alternate executor, that person will be named as the new executor. If no alternate was designated, your state’s probate laws may govern whom the judge will consider for appointment as a new executor.

Can a person be disqualified as an executor in New York?

New York law states that an executor appointment can be denied “by reason of substance abuse, dishonesty, improvidence, want of understanding, or who is otherwise unfit for the execution of the office.” It also gives some other reasons to disqualify an Executor, see NY SCPA 707.

First, determine what court is handling the estate. If you are a beneficiary of the will, you have probably been given notice that the will is being probated and you have the court and case number on hand. Depending on your jurisdiction, your written request that the court remove the executor will be called a Petition or Motion to Remove Executor.

Many situations do not rise to the level of commencing a proceeding to disqualify the nominated Executor at the outset of the administration. A better way to proceed would be to retain an attorney experienced in estate administration matters to represent your interests in the estate.

If the will named a successor or alternate executor, that person will be named as the new executor. If no alternate was designated, your state’s probate laws may govern whom the judge will consider for appointment as a new executor.

Can a beneficiary remove an executor from an estate?

If an heir or beneficiary believes you are not appropriately fulfilling your legal obligations, they have the right to file a petition with the probate court to get a full accounting of the estate’s assets or to have you removed as the executor.