Keyword Analysis & Research: petition court to remove executor

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Frequently Asked Questions

How do you remove an executor?

How to remove an executor of an estate. Attach the copies to your petition forms. File the petition with the probate court clerk. Attend the hearing regarding the removal of the executor on the date the court sets. Have your attorney use your evidence to make a case against the executor. If the judge rules in your favour,...

Can the executor of a will be removed?

Demonstrating that an executor should be removed. Generally speaking, the courts will only remove an executor if the beneficiaries or next of kin can demonstrate certain things. These include showing that: The executor has become disqualified since they were appointed.

What if there is no named executor in a will?

When no executor is named, the executor cannot be determined or the executor is unable or unwilling to serve, the probate court will appoint someone to be the executor. Usually, the court will allow any interested person to offer to serve as executor and will choose from those who volunteer.

What are the rights of an executor?

Executor rights are those rights granted to the executor of an estate that enable the executor to carry out his or her duties in transferring assets to either named beneficiaries or heirs if there is an intestate probate proceeding.

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