Can an Executor or Administrator be Removed and Replaced?

Can an executor or administrator of a probate estate be removed and replaced? When a personal representative fails to execute their duties and that executor is dishonest an or incompetent; the beneficiaries may ask the probate to have him removed as the executor. A petition to remove an executor or Administrator is a legal motion filed in the court by an interested party of the estate.

Who may file a petition to have the executor removed? Any person with interest in the estate may petition the court for the executor's removal. When filing a petition for removal you may at the same time file a petition for a successor personal representative. The current executor will need to appear at a hearing and show cause why they should not be removed.

What are the reasons a court would remove someone as the personal representative? If the executor has Embezzled, Mismanaged, or Defrauded the estate are all grounds for removal. If the court deems the removal of the executor is necessary in order to protect the estate or interested persons, the court will protect the estate.

0:00 - Intro
0:53 - What happens when the PR does not do their job as the administer of the estate?
1:20 - Who may a petition to remove the personal representative?
2:10 - When a petition to removal is filed, what happens next?
2:39 - What are the main reason a court will likely remove an executor or administrator?


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