Can I remove an executor from an estate?

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Can I remove an executor from an estate?

My brother and I relinquished rights as an executor to my Dad’s, sister and brothers estates of which my brother and sister had now Will. Me, and one of my brothers named my other sister and brother as executors of the 3 estates. It’s been over a year and nothing settled as of this date. Is this normal, or how can I remove them from being executors and/or make things go faster.

Asked on August 29, 2011 New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your losses.  Let me clarify here.  Your Father, brother and sister all passed away simultaneously.  Your Father had a Will which named you an your one brother as executors and you relinquished your rights as executors.  Your sister and other brother diedwithout a Will - known as intestate - and you and your one brother consented to your sister and another brother being appointed as personal reprsentatives of all three estates.  Do I have it right?  Now the siblings that have been appointed you feel are taking too long to complete the probate process and you want to have them removed.  Correct?  I have to state that given the complexity of what is going on here the probate of three estate simultaneously - with out knowing more - can be a very time consuming process.  And depending on the amount of assets or the circumstances involved, it can take well over a year to complete.  Now, you can not have someone removed as executor unless their are not following the wishes of the decedent in the Will (unless there is a good reasons not to follow them) and there is a breach of fiduciary duty. I am not sure that the reason exists here.  You should speak with ana ttorney there on the amtter.  Good luck. 


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