Perhaps your loved one spent a great deal of time and thought choosing the personal representative, or executor, of his or her California estate. However, now that the probate process has begun, you are seeing warning signs that this person is not the right one for the job. At the Law Offices of Roshni T. Desai, our legal team often provides advice to beneficiaries during probate and beyond.
California statutes say that there are certain situations when it is possible to remove a personal representative from the position of estate executor. You can only petition to remove someone from this position if you have an interest in the estate. Your petition should include one or more of the following:
- You have evidence that the executor is or will be committing fraud on the estate, or wasting, mismanaging or embezzling the assets.
- The executor is not qualified to fulfill the duties of the position or is incapable of fulfilling them.
- You can show that the executor has neglected to fulfill his or her duties, or has neglected the estate itself.
- Removing the executor is necessary to protect your interests, the interests of other beneficiaries or the estate itself.
After you file your petition, the court will require the executor to show why he or she should not be removed from the position. His or her authority may be temporarily suspended during the hearing. If he or she does not attend the hearing, or fails or refuses to answer any of the questions, the court could consider this grounds for removal.
Deciding to petition to remove your family member's estate executor may be a difficult one. For more information about the role and responsibilities of the executor during probate, please visit our webpage.