How to Remove an Executor
Estate planning is often an arduous process that requires a person to make a lot of choices. This includes choosing an executor.
When you draft a will, you appoint an executor to manage your estate, make sure your wishes are carried out, settle debts, and distribute your assets.
But what happens if you change your mind? Maybe you decide that someone else is better suited? The good news is that you can remove or replace an executor. The best way to do it, though, depends on your circumstances.
Removing an executor is possible, but it’s not something to take lightly. If you’re choosing or changing an executor, think carefully about who can do the job well. Also, naming a backup (successor executor) can help in case the primary one can’t or won’t serve. Here’s what you need to know.
What the Executor Does
The executor plays a huge role in managing your estate after your death. They have several key tasks, including the following:
- Notifying heirs and opening the will in probate court
- Informing creditors of the decedent’s passing
- Collecting, valuing, and sometimes selling assets to pay debts
- Filing tax returns and closing bank accounts
- Distributing what remains to the beneficiaries
Why You Might Remove an Executor
There are a few common reasons to change your executor:
- The originally named executor dies or declines the role.
- There’s a conflict of interest that could prevent them from properly doing their fiduciary duty.
- Misconduct by the executor, such as embezzlement, misuse of funds, failing to follow the will’s terms, or not cooperating with beneficiaries.
- They become mentally or physically unable to fulfill their duties.
Who Has the Power to Remove an Executor
- While you’re still alive. As the owner of the will, you can change your executor, typically by adding a codicil (an amendment to the will) or by drafting a completely new will that names someone else.
- After you pass away: Beneficiaries or other interested parties can ask the probate court to remove the executor, but they’ll generally need to show that removal is justified (for example, because of wrongdoing or inability to perform duties).
How to Go About Removing an Executor
- If you’re still alive. You can add a codicil to the will or create a new will that replaces the executor. Make sure to destroy old copies to avoid confusion.
- If you’re a beneficiary after the testator has died: File a petition with probate court and provide evidence of why the executor should be removed (misconduct, conflicts, incapacity). You may need an attorney and will likely pay legal costs unless the court orders otherwise.
Seek Legal Help
An executor may need to be removed from your estate plan before or after your death. It will be important for you or your heirs to follow the proper processes.
Get the help you need from Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. We can navigate your probate or estate planning matter with clarity, confidence, and courtroom skill. Call 954-764-4330 or fill out the online form to schedule a consultation.
Source:
smartasset.com/estate-planning/remove-will-executor
