How can I have the executor of my late father’s estate removed?

UPDATED: May 29, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 29, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I have the executor of my late father’s estate removed?

he died 9 years ago. My brother, a lawyer, volunteered to handle the estate. He has filed and received at least a dozen extensions because he is “too busy.” My suggestions to have another lawyer w experience in probate handle it go ignored. Seems my brother can golf the beneficiaries hostage forever. What can I do?

Asked on May 29, 2014 under Estate Planning, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a beneficiary (and so an intereted party), you  can bring a legal action in chancery (also sometimes called surrogates or probate) court asking for an "accounting" of the executor's actions and seeking a judidicial order requiring the appointment of another executor. (And if it turns our that your brother has done anything improper with the assets or money and that is why he is not eager to wrap things up, you can also seek compensation for the estate from him.) You should retain an attorney with probate experience to help you bring this action.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption