Changing or Removing an Executor of a Will

Removing an executor from a will is not an easy thing to do. This person was chosen by the testator (deceased) to be in charge of his or her estate. The executor’s duty is to carry out that person’s wishes as stated in the will. For such a removal to take place, two attorneys must be present for both parties (executor and the beneficiaries) at a court proceeding.

Why Remove or Change a Will Executor?

An executor is liable for any action he or she takes on behalf of the estate. If the executor acts carelessly and does a poor job of managing the estate, the beneficiaries may find it necessary for this individual to be removed from his or her position as executor. Certain behavior will not cause the courts to remove a person as executor of an estate. These include acting rude to the beneficiaries, withholding information, refusing to invest the estate’s assets, and taking a long to time to reach settlement of the will.

Will Executor Removal Process

As previously stated, a court appearance by both parties (executor and beneficiaries) and two attorneys is necessary to initiate a legal proceeding. More importantly, an attorney can help the beneficiaries identify behavior that may result in the court remove the executor from his or her position.

Generally speaking, an executor can only be removed if he or she is shown as being unsuitable for the position, incapable of carrying out his or her responsibilities, or has been disqualified since being appointed by the deceased.

The most difficult one to prove is unsuitability because it is open to the court’s interpretation. For this to lead to removal, a conflict of interest, or misconduct must be exhibited by the executor’s behavior. Conflict of interest would include any action that would lead the court to question the executor’s ability to act impartially on the estate’s behalf. Misconduct could include a variety of negative behavior, including repeated drunkenness, stealing from the estate and failing to obey court orders.

Legal Help for Removing Will Executors

Legal counsel is essential when trying to remove an executor from a will. It is not any easy process, but providing yourself with a qualified attorney will help increase your chances. A lawyer would prove to be useful when researching legal reasons to remove an executor. He or she would also be necessary when it comes to voicing these concerns to a judge. An experienced lawyer will know how to frame the situation in the best possible way to secure the outcome you desire.