How long does it take to remove an executor from a will?
Asked by: Jacques Gutmann | Last update: February 3, 2026Score: 4.2/5 (36 votes)
Removing an executor from a will can take anywhere from a few months (if settled quickly) to over a year, potentially even longer if it goes to a full trial, depending on evidence, cooperation, court backlog, and state laws; the process involves filing a court petition with strong evidence of misconduct like fraud or breach of fiduciary duty, leading to potential hearings, discovery, and settlement or a judge's final ruling.
How easy is it to remove an executor from a will?
The fact that beneficiaries must provide strong evidence to prove that an executor is unfit for office means that removal claims are not especially common as the evidence can be cumbersome to gather. However, removing an executor is certainly not impossible if you have sufficient grounds.
How hard is it to have an executor removed?
Removing an executor in California is possible, but it requires substantial evidence and patience. Here are a few key points to remember: Courts are generally reluctant to remove executors and will often grant them additional chances to fulfill their duties.
When can an executor be removed?
Section 54 outlines the grounds for removal by the Master or the Court, while Section 22 provides for objections to the appointment of an executor. Grounds for removal include incapacity, invalidity of the Will, fraud, theft, dishonesty, or a criminal conviction resulting in imprisonment without the option of a fine.
How much does it cost to remove an executor?
That said, the average fees for executor removal cases generally fall within the range of $20,000 to $80,000, with fees for cases that go to trial often being upwards of $100,000. Complex cases with more assets at stake can cause fees to multiply.
How to Remove an Executor of an Estate
How much would it cost to remove an executor?
A typical costs estimate for applying to court to remove an executor is between £10,000 and £30,000 plus VAT. However, in cases where the issues in dispute are complicated and the evidence is complex, then that figure could be greater. We therefore assess each case individually and on its own facts.
Who has the power to remove an executor?
If the grant of probate has been issued, removal of an executor can only occur through a testamentary action. Historically, this action is brought to the High Court and requires robust evidence of misconduct or other significant failings. The court may: Revoke the grant of probate.
How difficult is it to change the executor of a will?
An attempt by the beneficiaries to remove the executor is not an easy application. The beneficiaries must prove serious misbehaviour before the court will even consider forcing an executor to step down.
Who has more power, a beneficiary or executor?
Yes, an executor has significant administrative power to manage and distribute the estate according to the will, but this power is subordinate to the will's instructions and the beneficiaries' rights; the executor's main power isn't to decide who gets what (that's the will's job), but to execute the will's directives fairly and efficiently, acting in the best interest of all beneficiaries, and beneficiaries have rights to information and legal recourse if the executor fails in this duty.
Can a beneficiary remove an executor?
The beneficiaries and the executor agree by consent to the removal of the executor and the appointment of another party to administer the deceased estate. Although an application to the court is still required and the court must approve the change, an agreement reached means the application is not contentious.
How do I request to remove executors?
In general, the following steps may be involved: Obtain the consent of all beneficiaries: Unless the will specifically provides otherwise, all beneficiaries must agree to the removal of an executor. If any beneficiary objects, the court may still allow the removal if it is in the best interests of the estate.
What disqualifies an executor?
Surrogate's Court Procedure Act § 707 states that a nominated executor is ineligible to serve it if they are: (a) an infant; (b) an incompetent or incapacitated person as determined by the Court; (c) a non-citizen or non-permanent resident of the United States; (d) a felon; and (e) one who does not possess the ...
How to deal with a bad executor?
If an executor improperly interprets or deviates from a will's terms, beneficiaries have the right to challenge their actions. They can petition the court to compel the executor to follow the will or, if necessary, file a petition for instructions themselves to ensure the estate is administered fairly and properly.
How difficult is it to remove an executor from a will?
An executor isn't removed just because they're difficult, unresponsive, or even disliked. You must show that they are unfit to serve, violating fiduciary duties, or harming the estate. In other words, removing an executor of an estate is only possible when you have the legal grounds to pursue removal.
What are the biggest mistakes people make with their will?
“The biggest mistake people make with doing their will or estate plan is simply not doing anything and having no documents at all. For those people who have documents, the next biggest mistake people make is to let the documents get stale.
Who is first in line for inheritance?
The first in line for inheritance, when someone dies without a will (intestate), is typically the surviving spouse, followed by the deceased's children, then parents, and then siblings, though laws vary by state. The surviving spouse usually gets the most significant share, potentially the entire estate if there are no children, with children (biological or adopted) inheriting equally if there's no spouse.
Can an executor screw over a beneficiary?
An executor can override a beneficiary when they are acting in accordance with state statutes, the terms of a will and the level of legal authority they've been granted by the court to administer an estate. This holds true even in instances where beneficiaries disagree with their decisions.
What is the first thing an executor must do?
The very first things an executor should do after a death are secure the residence, locate the original will, obtain multiple certified copies of the death certificate, and then start the probate process by filing the will and certificate with the probate court, while also safeguarding assets and documenting everything meticulously. It's crucial to act quickly to prevent fraud and ensure assets go to the right people, often with the help of a probate attorney.
What are common executor mistakes?
Common executor mistakes include poor record-keeping, paying debts or distributing assets too early, failing to communicate with beneficiaries, commingling personal and estate funds, mismanaging assets, and delaying the probate process, all of which can lead to legal issues, personal liability, and family disputes. Executors often lack experience and try to handle everything themselves, overlooking the need for professionals like attorneys or CPAs to navigate complex tasks, tax filings, or proper asset valuation.
What are the grounds for removing an executor?
Grounds for removing an executor
Grounds for the removal of an executor include, but are not confined to, neglect of duties, incompetence, conflict of interest, or actions contrary to the best interests of the estate and beneficiaries.
How powerful is an executor of a will?
An executor has significant power to manage and distribute a deceased person's estate by following the will's instructions, paying debts, selling assets if needed, and filing court documents, but this power isn't absolute; they must act in the beneficiaries' best interests, avoid personal gain, and cannot change the will's terms, with major disputes often requiring court intervention.
What is needed to change the executor of a will?
Using a codicil or writing a new will to change your executor are both acceptable under California state law. Codicils are a better choice if you are changing only a small section of your will. If changing your executor will lead to your will requiring extensive rewrites, it's best to rewrite the entire document.
What is the process of removing an executor?
In terms of Section 54(1) of the Act, the Executor can only be removed from office by the Master of the High Court or by a court of law, depending on the grounds for removal.
Who pays to have an executor removed?
The interested party pays the Attorney, but if the removal action is successful, the judge may order reimbursement from the Estate.
How much to remove an executor?
Where court proceedings are required and the legal issues are reasonably straightforward and discrete then we may give a costs estimate of between £10,000 and £30,000 plus VAT for making an application to remove an executor.