When you established your Last Will and Testament, one of the first things you did before making it official was name an executor. To refresh your memory, this is the person you appointed to oversee important matters such as probate, paying debts, filing taxes, and distributing assets according to your wishes after you are gone. The odds are also high that you chose someone familiar—a spouse, sibling, or even a close family friend. 

Most people stick with their decision on an executor, and the Court will generally approve them once the time comes for them to apply officially. That said, what if an executor needs to be removed? For instance, they broke your trust, or you had a falling out. Perhaps the executor appreciates the opportunity but needs to step aside for personal reasons.

Regardless of the reason, the good news is that an executor can be removed.

How To Remove an Executor

There are several valid reasons why you or someone else may suddenly want to prevent an executor from getting appointed or request their removal if they have already been approved. A few of these reasons include a material conflict of interest, the executor’s failure to file required documents, and even the inability to find the executor. 

More nefarious reasons include embezzlement, misuse of estate funds, or imprisonment. 

If you have already named your executor in the Will but wish to remove them, the process can be as simple as working with your estate planning attorney to either amend the existing Will or draft a new one. You should then name a new executor, and the new Will should explicitly state that it revokes all prior Wills. 

If the executor needs to be removed after you have passed away, how that is achieved depends on whether or not they are doing so voluntarily. If the executor does so voluntarily, they can file a formal resignation with the Court. If the decision is involuntary, beneficiaries or interested persons can file a petition with the Court and cite valid reasons for the request. 

It is then up to the Court to decide what happens next. 

If the executor is removed in either scenario, the Court will likely need to appoint a replacement executor to take over the removed executor’s duties if a backup executor is not already listed in the Will.  

Call Leigh Hilton PLLC Today!!

Call Leigh Hilton PLLC in Denton, and we will help walk you through your estate planning needs. We have ample experience and will take into consideration your particular situation. Proper planning of an estate, whether through a Will, Trust, or both, helps ensure your wishes are carried out. 

Leigh Hilton PLLC wants to be your first call every time for any estate planning need. We look forward to serving you.