Petition to Remove Executor of an Estate
The petition for removal of an executor or an application for removal of an executor is an official motion made to a probate judge. The petition is on behalf of an interested party in an estate or Will. A petition to remove an executor claims that the Executor in question is incompetent for the job because of misconduct, negligence, or incompetence.
It is wise to seek counsel as many timelines and scenarios can influence an outcome. A Hess-Verdon probate attorney is available for a consultation at 888-318-4430.
Petition to Remove Executor of an Estate
What is an Executor?
The Executor of an estate is a person appointed by the Testator to settle their obligations, preserve the value of their assets, and distribute the assets upon their death.
A California Estate planning lawyer will generally recommend that their clients choose a family member who is trustworthy and accountable for the role of an Executor of an estate. As a Testator, you want to eliminate any probate court issues pertaining to the family. Therefore, let all family members know why you chose them and why you see them fit to live up to their fiduciary duty. Its also best to express your thoughts on what an Executor of an Estate cannot do.
If the Executor doesn’t perform the duties required to the beneficiaries, the beneficiaries can ask the probate court to remove them from their fiduciary responsibilities. An estate litigation attorney is an option to fight on the grounds on how to prove undue influence, self-dealing, and other removal action.
Note: Anyone found guilty of a crime could be deemed unsuitable as Executor, so choose wisely and appoint a successor executor of an estate to mitigate family squabbles.
Is an Executor also considered a Beneficiary?
An Executor or co executors are not necessarily a beneficiary, even though they may be. For example, if a family friend is chosen to administer the Will, they may only have the capacity to administer the probate but not receive any portion of the estate. They would receive compensation for their probate administration duties.
Now, it’s not considered a conflict of interest if the Executor is a beneficiary. If the Executor is an estate beneficiary, they must manage the estate reliable and financially prudent.
Learn more about dying without a will.
What Are The Duties Of An Executor?
When appointed as Executor, you have a fiduciary duty . (Learn more about “Executor not communicating with beneficiaries“. The Executor “runs” the estate much like a person who manages an enterprise. The Executor is responsible for ensuring that all outstanding debts are paid, taxes paid, and the assets are taken care of, and then will distribute the remainder of the assets to the beneficiaries as per the law and the Will.
If legal proceedings are initiated against the estate, the Executor is responsible for the defense. Additionally, suppose you or the estate (or an individual named the Testator) has any legal claims against an unnamed third party. In that case, the Executor should look into the possibility of filing a suit.
Now, if the Executor disputes an asset claim and assets, there is an official procedure for denying the claim and then contesting the claim in court, if needed. It is essential to seek counsel to protect your legal rights. Call the Hess-Verdon law firm to protect your interests. Call 888-318-4430.
Other typical duties:
- Finding all the assets of the estate and taking care of the estate’s assets and taking care of them.
- Maintaining the estate assets.
- The payment of ongoing expenses is essential to keep assets safe, such as mortgage payments, utility bills, and insurance.
- Pay taxes on income that could be due. Also, pay any other taxes owed.
- The day-to-day management of specifics like terminating leases or other contracts that are not yet paid
- Notify banks, governmental agencies, etc.
Note: The estate should set up an account with a bank and brokerage account to ensure that revenue flows during the duration of the estate.
Note: As an Executor, you need to find heirs, keep them informed about the status of the property, and must notify them of the necessary notices.
How do I remove an executor?
Only those with “standing” can ask the probate court to dismiss an individual representative. Standing is the term used to indicate that you have an interest legally protected in the matter before the court.
In general, you are entitled to participate in probate proceedings when you are named beneficiary of the Will, or you would have been eligible from the laws of your state’s probate system in the absence of a will.
Individuals need to meet the criteria of being “of in good standing” to ask a judge to request the removal of executors for the matter. Anyone who wishes to have the Executor removed has an underlying reason to ask.
Every heir must be informed whenever someone files an application to have the Executor of the estate removed from the position to participate in any hearings related to the issue.
If the Testator hasn’t named any other person to take on the role, the judge will conduct a hearing to choose an executor.
An Executor who is in a state of gross mismanagement of estate fails to follow court orders or isn’t able to fulfill the tasks of an executor might be incompetent or even guilty of misconduct.
Can beneficiaries remove executors?
In many jurisdictions, evidence of an executor’s serious incompetence with estate assets, conduct or incompetence, or even conflicts of interest could be sufficient to justify why the Executor should not be allowed to continue in the position. Learn about “can an executor of a will take everything“.
If sufficient evidence of improper conduct is presented, the judge can disqualify the Executor from handling the estate. Estate creditors are also typically capable of challenging the Executor.
Who pays for Executors removed?
If you successfully remove an executor and the court decides your case benefited the Will, you may be compensated. It’s essential to seek legal counsel. Suppose they determine that the Executor did not live up to their fiduciary duty. In that case, your attorney’s fees may be paid by the estate, or in some instances, it could be the personal assets of the Executor who was removed. Again, seeking counsel can ensure your rights are protected.
Can beneficiaries remove executors?
Yes, if a beneficiary feels that their estate is not being administered properly, they may ask the court to replace or remove an executor. An estate litigation lawyer is essential to understanding to fight and protect the rights of the Testator’s wishes. Call Hess-Verdon & Associates today at 888-318-4430.
We look forward to helping you.
Executor of an Estate. Best Options!
Hess-Verdon is in Newport Beach. We have 30 years’ experience in estate planning law. We have helped many clients protect their estate, grow their estate, and pass it down to their loved ones through various legal instruments.
Our estate lawyers can help you administer or contest a Trust or Will. Expect personalized services that put you in control.
How to Become Executor of Estate
- Understand your responsibilities
Generally speaking, the complexity of the job largely depends on the kind of estate you are administering. When the estate is simple, the settlement should be relatively straightforward.
Generally, executors are responsible for the following:
· Organizing the funeral
· Estimating the value of an estate
· Paying estate tax
· Probate applications
· Resolving the deceased’s financial issues
· Placement of a notice of deceased estate
· Divvying up the estate
· Maintaining estate accounts
A more complex estate, however, may involve many other responsibilities, including inheritance dispute resolution. Before applying for the role of administrator, make sure that you are aware of the duties.
- Request time off work
Estate administration is very time-consuming and requires a great deal of attention to detail – the details are often the sole focus of the process.
You should make sure that you have enough time for the job before agreeing to be executor. It may be tricky to find the time to do everything if your professional life is hectic or you have many family obligations. Learn about how to choose a probate lawyer and how they can help!
In addition, it may be necessary to travel to the testator’s home state to handle the paperwork and other matters if you do not live near the testator or move out of state. Typically, working with a white-glove probate attorney lessens your responsibilities and saves you time. It’s also essential to keep communication with the beneficiaries.
- Review executor fees
Some laws govern how executors are paid in each state. You may be able to charge a flat fee, an hourly rate, or a percentage. The probate judge sometimes decides the fee.
You can charge extra fees for additional work, such as the sale of real estate or the handling of probate litigation for the estate. Before you take on the mantle, ensure that you are clear about your salary.
If you’ll be serving as an executor for an extended period and this will interfere with your regular employment, you’ll likely want to get a sense of what you will be paid for doing so. Taxpayers are required to report income from these payments.
- Apply for permission to administer the estate
Once you understand and are okay with your responsibilities, probate laws, and payment terms, you can file the petition to be an executor. The probate court will need to receive your petition once your preparations are complete. If the deceased lived in a particular county when they died, the probate court in that county would most likely handle the matter. Note: All assets need to be inventoried and controlled to eliminate stealing.
Depending on the court, the petition may differ slightly. However, you will typically have to include details such as the deceased’s name and bio, death of date, last address, estimation of estate value, and names and addresses of all surviving relatives.
Upon completion of the petition and approval from the court, you will become the administrator. For legal assistance in the entire process, call Hess-Verdon probate attorneys at (949) 706-7300.
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Are you looking for a probate lawyer in the Orange County area? When it comes to the practice of Trust and estates, it can be difficult finding an attorney that’s experienced in
handling your specific issues.
What is Probate
To understand what probate litigation is, one first has to understand what is “probate.” When a loved one dies, i.e., the decedent leaves behind their property, jewelry, bank accounts, etc., i.e., the decedent’s estate. The decedent’s estate should be transferred to family members (beneficiaries) and heirs after all taxes, debts, etc. are paid out.
Choosing the Right Probate Law firm is Paramount
When you are looking for an Orange County Probate Attorney. Hess-Verdon & Associates is one of the most reliable and most sophisticated trusts and estate law firm in the state of California at both the trial and appellate levels.
Our probate litigation team has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case.
We welcome the opportunity to discuss your needs, our qualifications, staffing approaches, and rate structures with a view toward the successful resolution of Estate, Trust, and Probate-related problems.
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