Can you change the executor on an estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you change the executor on an estate?
My father passed away. There is a house in another state that is involved. Can I have the executor changed?
Asked on May 17, 2019 under Estate Planning, New Hampshire
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
A benefciary can petition the probate court to replace an executor who is not performing their duties. There are several grounds for this (i.e. gross misconduct, incapacity, conflict of interest, etc.). If, the change is granted, then the executor will be replaced by either the successor executor listed in the Will or and, if one is not so listed, then the court will appoint one.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If the executor has breached a fiduciary duty or is not carrying out required duties or is unfit which are only a few examples of the numerous grounds for having an executor replaced, a beneficiary can petition the probate court to have a successor appointed executor. If the Will names a successor as executor, that individual becomes the executor. If the Will is silent on designating a successor as executor, the court will appoint a successor.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.