When you lose someone you love, you should be able to depend on others to help you handle important matters. One person you should be able to rely on is the executor of your loved one’s estate. Unfortunately, not every executor is dependable, and you might have to ask the court for help.
Can an executor be removed in California? Yes, and you can rely on us to help you get that task done effectively and with minimal stress. At Capital City Wills & Trusts, PC, we help families take control of probate matters with a clear plan, strong evidence, and a steady tone in court. We have extensive experience in estate planning law, and we go the extra mile to help ensure our clients are taken care of.
What Does an Executor Do?
An executor (or personal representative) is responsible for:
- Inventorying and managing a deceased person’s (decedent’s) estate,
- Notifying interested parties about probate,
- Paying the decedent’s debts, and
- Distributing the decedent’s remaining assets to their beneficiaries.
In general, a person must be a competent adult to serve as an executor. An individual becomes an executor after being named in a person’s will or by court appointment.
How Can an Executor Be Removed in California?
You can remove an executor by asking the probate court. Removal of an executor can come up at the time of appointment by objecting to the appointment or after something goes wrong during estate administration. Let’s review some of the most common grounds to remove an executor.
The Grounds to Remove an Executor
Courts may agree to remove a person as an executor if that person is:
- Not an adult,
- Has neglected or mismanaged the decedent’s estate,
- Not capable of fulfilling executor duties,
- Refusing to fulfill their executor duties,
- Has committed fraud on the decedent’s estate, or
- Not following a court order.
Executors have an important role to fulfill in the probate process, and individuals who ignore or can’t meet their responsibilities should not be in that position—especially when beneficiaries are left without information, a problem that also arises when a trustee fails to communicate with beneficiaries.
Who Can Ask the Court to Remove an Executor?
California law allows “any interested person” to file a removal petition. In plain terms, interested people often include:
- Beneficiaries,
- Relatives,
- Heirs, and
- Anyone with a financial or legal interest in the decedent’s estate.
There is also a specific rule for some situations involving administrators (when there is no will naming an executor). A decedent’s surviving spouse or relative can petition to remove an administrator. However, the court can refuse the request if the petitioner had notice of the probate proceedings and an opportunity to object earlier, or if removal would harm the sound administration of the estate.
How to Remove an Executor (a Simple Plan)
While each case is different, the following is the core process for removing an executor.
Step 1: File a Petition That States the Facts and Legal Grounds
Any interested person may petition the probate court for removal. The petition must state facts that show cause for removal.
Step 2: Attend the Hearing After the Court Issues a Citation
After a removal petition, the court issues a citation to the executor, ordering them to appear and explain why they should not be removed. During the hearing, interested parties may make declarations regarding the grounds for removal, and the court may make temporary orders to prevent the executor from harming the estate.
Step 3: Submit Evidence and Declarations
As we noted above, interested people may appear at the hearing and file declarations to support the removal. The executor can respond to these declarations. And the court can compel the executor to answer questions under oath. An executor’s failure to attend or answer can itself be cause for removal.
Step 4: Wait for the Judge to Decide
If your petition was properly filed and the evidence shows cause for removal, the court will likely remove the executor. Remember that removal petitions succeed on facts and not emotions. So, you want to keep your petition clean and organized. We can help you set up a case that gives you an opportunity to remove the executor.
How Much Does It Cost to Remove an Executor?
At a minimum, the filing fee for your petition to remove an executor costs $435. However, probate issues can be complex, and seeking the help of a good attorney is crucial to your case. Depending on the nature of your case and your specific needs, removing an executor can cost hundreds or thousands in court and attorney fees.
We Can Protect What Is Important to You
If you suspect a problem during a loved one’s probate, you have options you can use right away. Because of our deep knowledge in estate planning, we are uniquely positioned to help you remove an executor and successfully move on with the probate process.
Capital City Wills & Trusts focuses on helping Californians resolve estate planning matters and address clients’ issues quickly. If you need help, please call us or contact us online to schedule a consultation.
We help families address probate issues and take action when an executor fails to fulfill their duties.
Frequently Asked Questions
What Legal Reasons Allow for the Removal of an Executor in California?
An executor may be removed for mismanagement, for fraud, for incapacity (or lack of qualification), for neglect, or when removal is needed to protect the estate or interested persons.
Can Beneficiaries Request the Removal of an Executor?
In general, yes.
How Long Does the Executor Removal Process Typically Take?
It depends on the facts, the court’s schedule, and whether the executor contests the petition. We can help you handle a removal case in the most efficient way possible.
What Actions Qualify as Executor Misconduct in California?
Misconduct can include wasting or embezzling estate assets, mismanagement, fraud, and wrongful or prolonged neglect of duties. Disobeying court orders can also lead to removal, especially if it results in a contempt finding.
Who Becomes the Executor If the Court Removes the Current One?
If the decedent’s will names a successor executor, they may become the new executor. The court can also appoint a new executor and combine the removal petition with a petition to appoint a new executor.
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