Executor Executors Will For Removing
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FAQ
If you are seeking to remove an Executor your case will be heard before a court with unique procedures and rules. Your case must be organized and presented in a specific manner. Evidence must be gathered through witness interviews, depositions and documents secured by subpoena.
If the information you receive suggests a breach of fiduciary duty, you can file a motion with the probate court to have the executor removed. Whether or not they will receive notice depends on the reason for their removal: if there is evidence of embezzlement, there will likely be no notice.
What Happens Next? If you renounce being executor and there are other executors named in the will, they will need to take on the jobs that would have been yours. If you are the only executor mentioned, then the beneficiaries must come together to choose an administrator for the estate.
If an executor who has already been appointed by the Court wishes to resign, he/she must file a petition with the Court seeking permission to resign.