Can an executor be removed?

Yes. A probate court may remove an executor for serious misconduct, conflicts of interest, dishonesty, failure to act, mismanagement, or violation of fiduciary duties. Beneficiaries may petition the court if they believe the executor is harming the estate or failing to properly perform required responsibilities.

Removal proceedings can become highly contentious, particularly in family disputes involving unequal distributions or allegations of financial abuse. Courts generally prefer strong evidence before removing a court-appointed representative.

 

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 45 years.