While many estate executors carry out their duties diligently and responsibly, this is not always the case. In these instances, the beneficiaries of an estate may wish to seek out the removal of that executor. Fortunately, California probate law does allow for the removal of an executor under certain circumstances. Typically, this involves the filing of a petition with the probate court outlining the reasons for removal and, in some cases, filing a petition for a replacement to be named. An experienced probate attorney can help you to navigate through this process.
Here are some of the reasons that an executor or personal representative can be removed from this position:
- Failing to follow the estate administration procedures outlined in the California probate code
- Risk of estate assets being depleted as a result of the executor’s actions or failure to take actions
- Mismanagement of estate assets
- Wasting estate assets
- Embezzlement of estate assets
- Failure to provide all requisite notices to the beneficiaries of the estate
- Executor is incapable of carrying out the duties of an executor, which may be due to a move out of state, illness or poor health, or facing criminal charges that could impact his or her ability to carry out the duties of an executor
- Theft or attempted theft of estate assets
- Committing fraud on the estate
- To protect any interested person
Pursuing legal action against the executor of an estate is not often an easy process. Fortunately, an experienced attorney can help. To learn more about bringing a claim or action against an executor, view our free guide The Ultimate Guide to California Trust and Probate Litigation. For more information about removing an executor, contact us today for guidance. Call the Grossman Law Firm at (888) 443-6590.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307