What can you do to remove an executor in Los Angeles California? Dealing with the end of life of your close friend or family member is a difficult time, and the grieving process is never easy, when your thoughts are focused on removing an executor or trustee. The decedent’s estate may likely have to go through probate in California, whether or not he or she drafted a valid will. The person responsible for managing the estate of the decedent is called the executor, but there are lots of things that can go wrong when an executor fails in his or her responsibility. Sometimes the different administrator or executor responsibilities overwhelm the executor whose job includes opening probate, gathering assets and debts, notifying creditors, and ultimately distributing the assets according to the decedent’s will or, whether there is no will, the California laws of intestacy with the help of a probate lawyer. In most cases, executors work with diligence to make sure that the estate is managed and distributed properly, but there are those situations where this is not the case. Where that is true, it may be necessary to remove an executor.
The first step is to file a petition with the court to ask that the executor be removed. Not just anyone can file this petition. Instead, the person filing must be a beneficiary, potential heir, or some other person with a definable interest in the estate. The petition needs to clearly state the reasons why the removal is sought, and the petition will need to be served on the executor. California probate code § 8500 states that if the court believes that there may be good cause to remove the executor, that the court may issue an order requiring the executor to appear and show cause why he or she should not be removed and should be permitted to continue on in his or her responsibilities. While the parties are waiting for the hearing, the court also has the ability to suspend the executor’s ability to act on the estate’s behalf. California probate code § 8502 lists many reasons why removal of an executor may be proper, such as wasting estate assets, committing fraud, or neglecting the estate. The executor may also be removed if he or she is no longer qualified to fulfil the responsibilities. If the request to remove the executor is successful, the court will likely need to appoint a new executor. If the will names a co-executor or a successor executor, the court usually honors the wishes of the decedent and will name that person next.
Removing an executor in Los Angeles and in all of California requires preplanning. Our Los Angeles attorneys have expert level experience in helping our clients in all stages of the probate process, including executor removals. Contact us today to talk about your case and what we can do to help you reach your goals.
