Most executors do a decent enough job; some drag their feet and a few turn the entire process into a disaster. If you are staring at missed deadlines, suspicious accountings or an executor who seems more interested in protecting themselves than honoring the estate, you don’t have to sit quietly.
Sometimes, removing an executor is the only way to protect what’s at stake — and when that happens, there’s a clear legal process that follows.
What to expect when removing an executor
When an executor falls short, whether through delay, poor judgment or outright neglect, the court has the authority to step in. A formal petition triggers the review process, and once the petitioner – usually an heir or beneficiary – presents the evidence, the court decides whether a change needs to happen.
If the court orders removal, here’s what to expect:
- The executor loses all authority: The court’s decision is final, and from that point on, the executor has no legal power over the estate.
- A successor steps in: If the will names an alternate, they’re next. If not, the court appoints someone qualified to move the estate forward.
- Estate management continues: The new executor takes over all pending duties — protecting assets, paying debts and distributing inheritances — sometimes untangling delays or mistakes left behind.
- Additional legal action can follow: If the previous executor caused financial harm, separate legal action might be needed to recover losses.
Know that some transitions are smooth, and others take more effort. Either way, the court’s goal remains the same: keeping the estate on track and protecting the interests of everyone involved.
When it’s time to step in
Losing someone is hard enough. But watching others ignore their final wishes — that cuts even deeper.
When the executor neglects their duty, hides the truth or treats the estate like it’s their own, you have every right to step in.
This isn’t about causing trouble. It’s about following through on what your loved one asked. You’re stepping up to do what they can’t: keeping their voice alive and ensuring their choices guide what happens next.