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To remove the executor, there must be adequate evidence convincing the judge that the executor is incompetent. The answer is yes. Planning Pack, Home Or you might be researching how to make a will for yourself and wondering how to choose the best person as an executor for your own estate. There would still be another step in confirming that person for the job, outlined in step 3. If you live near a law library there are form books to help draft a petition. A Carlsbad probate attorney can defend the removal (if representing the Personal Representative) or seek removal of a Personal Representative (if representing a creditor or beneficiary) by filing a petition for removal. Theyre a lot easier to understand than you think. Mr. Norris has an extensive and growing Probate Litigation practice, which concerns either defending, or initiating Will contests on behalf of beneficiaries and purported beneficiaries of an Estate as well as related litigation. Note that where a petition seeking revocation of letters pursuant to SCPA 711 is entertained by the court, the judge has the power to suspend the fiduciarys letters during the pendency of the proceeding. Dont worry, weve got you covered with info on all the things you should do and some you definitely shouldnt! & Resolutions, Corporate Your family friend, unless he or she is a probate litigation attorney, may mean well but I believe is mistaken. Do not submit confidential information through this website. Unless the estate is under dependent administration, which involves oversight by the courts, executors are mostly unsupervised. On the other hand, if the amounts are commingled and thereafter the executor cannot accurately account as to the estate estates within his personal account, removal is a certainty. How to Remove an Executor from an Estate - Romano & Sumner There are no forms for this at the GA site because this is not a form-driven matter. (a) If an executor or administrator neglects official duties, the Court of Chancery may remove the executor or administrator from office. The caption would be In: re the matter of John Doe Estate. News flash: Some wills name more than one executor. Notify the Executor of the Petition for Removal, according to the procedures required in section 1-401 of the Massachusetts Uniform Probate Code. The Executor of Estate may sound like a pro wrestler name, but theres nothing fake about this legal concept.