Executor Petition Court Withdrawal
Description
How to fill out Petition For Partial And Early Distribution Of Estate?
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FAQ
Notice of Petition to Administer Estate (DE-121) Also explains what a person receiving the notice should do if they do not agree with the petition. Get form DE-121.
To remove an executor of an estate, an interested party can file a petition in probate court. This legal action alleges that the executor is unfit due to reasons such as negligence, misconduct, or incapacity.
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.
If no one files probate for an individual who has died and owned assets in California, the court can freeze the decedent's assets, making them inaccessible to heirs and other beneficiaries until debts are paid.
Persons who are appointed as personal representatives of estates use this to prove to others that they need to work with to carry out their duties that they have been officially appointed by the court. Get form DE-150. Effective: January 1, 1998.