Motion To Remove Executor Template

Who died when name of executor who are beneficiaries etc. Yes generally the beneficiaries make the decision of removing the executor. Any interested person has the right to file a petition in the probate court seeking the removal of the fiduciary be it executor or administrator for cause.

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You indicate why there is jurisdiction venue in the ga superior court.

Motion to remove executor template. One fact per paragraph. To my executrix the authority to act as an independent executor without court supervision and without bond. Name of your document is petition to remove executor. If account not waived petitioner is chargeable with and is entitled to the credits set forth in the summary of account below.

Account and report of executoradministrator administrator with will annexed petition for allowance of statutory fees to personal representative and for final distribution 15. The initial step in the process is proving a will is valid and then administering the estate of a dead person according to the terms of the will. Probate is a general term for the entire process of administration of estates of dead persons including those without wills with court supervision. Include in your written request the reasons why the executor should be removed.

I further expressly delegate to my executrix the authority to xxxxxxxxxxx. Indeed the court on its own motion may seek to remove the fiduciary. Your request will be set for a hearing before the probate judge. In order to remove a fiduciary a petition must be filed in the circuit court where the estate is being administered.

Depending on your jurisdiction your written request that the court remove the executor will be called a petition or motion to remove executor. You then recite the basic facts in a series of numbered paragraphs. To remove an executor from an estate a petition must be filed. How to remove an executor from a will in the commonwealth of massachusetts by jennifer williams a personal representative or executor is appointed by the court in a probate proceeding to protect the assets of the estate and to transact business on behalf of the estate during the probate process.

The courts are reluctant to remove an executor unless there is a valid reason for the removal. Then there has to be reasoning provided either ineligibility or misconduct. It is a rare occasion but you can request the probate court to remove the executor who you had appointed as the personal representative and replace with someone else. This provision shall apply to any subsequent dative executor appointed by the court.

The action is filed in equity or on the chancery side of the court. All this must be provided to file in order for a representative of court to review and make a decision. For the document body you first allege who you are and who the executor is.