How do you remove an executor?

New York residents who are dealing with matters of wills and estates will also be dealing with executors. However, situations may come up in which you believe an executor of a will or estate should be removed from their position for whatever reason.

According to FindLaw, as the executor of a will , a person has a number of duties that they are expected to accomplish. This includes paying bills for the estate, distributing assets according to the will, paying any taxes due, maintaining property, and making court appearances on behalf of the estate.

In some instances, the executor of a will may not be fulfilling these duties. You may have evidence that they are not paying bills or that they have not been distributing assets. Fortunately, the executor that is appointed by a probate judge does not have to remain the executor indefinitely. It is possible to have an executor removed. 

You can take your case before a probate court. You will need proof of mismanagement or misconduct. If this can be proven, then the court will likely grant a petition to remove the personal representative or executor. You may then proceed to appoint a new one who will pick up with the duties in their place.

If you are in a situation in which you believe an executor should be removed from a will or estate, seek the guidance of a probate attorney. Dealing with matters of the estate can be tricky and complicated. Having someone with legal expertise could ease some of those complexities.