There are many reasons why you may need to remove an executor from your will. Perhaps the executor has died, or you wish to select someone more trustworthy. However, there are certain things you need to know and do to have a smooth process of removing them.
Who is an executor?
An executor is a person appointed by a will to administer the estate of the deceased. They are responsible for introducing the will to the probate court, notifying creditors and paying debts. They also ensure that all assets are properly valued and accounted for and that taxes get paid. Executors also ensure that any beneficiaries under the will receive their inheritance according to its terms.
Why would you want to remove an executor?
There are a few reasons why you might want to remove an executor. The most common reason is if the executor has died or become incapacitated and can no longer serve in that role. Secondly, you may want to remove an executor if they are not fulfilling their duties as outlined in the will or if they are not acting in the best interests of the estate. Lastly, if the beneficiaries of the estate have a conflict with the executor, they may petition to have them removed.
How do you remove an executor?
If you’re the person who made the will, you can include a codicil, which is an amendment to a will, that removes the executor. If you’re not the drafter of the will, you’ll need to petition the probate court to remove the executor. The process usually starts with submitting an application to the probate court and providing a copy of the will. You’ll also have to provide evidence that supports your reasons for wanting to remove the executor. The probate court will then hold a hearing, and if the probate court agrees that it’s in the best interest of the estate to remove the executor, they will issue an order allowing for that removal.
Executors play a critical role in probate as well as estate planning and administration, so it’s important to make sure that any changes to their role are done correctly. If you need to remove an executor from a will, make sure you follow the correct process to achieve a desirable outcome.
