Removing an Administrator: How to go about it and having someone else was appointed administrator of the estate?

If your spouse predeceased you, it is possible that another individual was named administrator of his estate. Fortunately, you may be able to go about removing an administrator and having yourself appointed instead – if you are of higher priority as determined by the California probate code. The process may take time, however, and should not be delayed.

Removing an Administrator of your deceased spouse’s estate

• First of all, contact a probate litigation lawyer for guidance through the administrator removal process.
• Furthermore, gather evidence that supports your claim that you are either the spouse of the decedent or are entitled to receive all or part of his or her estate.
• File a petition for removal of the administrator with the appropriate California probate court, or select a nominee to do so on your behalf.
• Additionally, verify that you did not receive actual notice when the administrator was in the process of obtaining his or her appointment.
• Furthermore, verify that you did not have an opportunity to contest such an appointment.
• Gather evidence that supports your claim that removing an administrator will not go against the “sound administration” of the estate.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.