You’re grieving, navigating probate, and relying on the executor to do the right thing. But something’s not right. Deadlines are missed. Property is unaccounted for. Communication is evasive. And you’re left wondering, Can an executor be removed in California? Yes, they can, but the answer is more nuanced than a simple yes or no.
In California, courts don’t take the removal of an executor lightly. Executors are fiduciaries, entrusted to manage the estate in good faith, but when they fail in that duty, family members or beneficiaries have the right to step in. Here’s when you can have an executor removed and how to have an executor removed in California.
“The law holds executors to a high standard for the protection of the estate and its beneficiaries,” said Andrew Micaraset, a probate and business litigation attorney at Gokal Law Group and a 2025 Super Lawyers Southern California Rising Star. “When they fail to live up to that standard, the court has tools to intervene, and beneficiaries have the right to use them,” he said.
Can an Executor be Removed in California?
Yes, under California Probate Code, an executor of a will or personal representative of an estate may be removed by the probate court if there is evidence of misconduct, incapacity, or failure to perform their legal duties that constitutes a breach of their fiduciary duties.
The court’s priority is protecting the estate and its beneficiaries, but it’s important to keep in mind that removal is not automatic. California courts require specific grounds and strong evidence before stepping in.
When Can an Executor of a Will be Removed in California?
When learning how to remove an executor of an estate, it’s important to understand that you can only remove an executor under certain circumstances. 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. Common legal grounds include:
- Mismanagement or Embezzlement of Estate Assets: If the executor is stealing from the estate, using estate funds for personal benefit, or failing to safeguard property, they can be removed. Probate courts take even the appearance of self-dealing seriously.
- Conflict of Interest: If the executor is acting to benefit themselves over the other beneficiaries, such as favoring their own inheritance or business interests, they may be removed.
- Incapacity or Incompetence: Executors must be capable of fulfilling their duties. If someone develops a mental illness, suffers cognitive decline, or simply doesn’t understand probate requirements, they can be removed for lack of capacity.
- Failure to Act or Delays: Missing key deadlines, failing to inventory assets, or not communicating with beneficiaries can justify removal, especially if it results in financial harm to the estate (e.g., failure to file taxes for the estate).
- Breach of Fiduciary Duty: Executors have a legal obligation to act in the best interest of the estate. If they violate that duty by making risky investments, withholding information, failing to distribute assets appropriately, or committing executor fraud, they can and should be removed.
Now, you are likely wondering how to remove an executor of a will since we have answered the question: Can an executor be removed from a will and estate? That’s precisely what we will be discussing next.
Related Article: How Do You Prove a Breach of Fiduciary Duty?
How Can an Executor Be Removed in California?
So, how can you have an executor removed? Removing an executor is a legal process, one that begins in the probate court where the estate is being administered. While it’s possible to petition the court without an attorney, doing so without legal counsel often results in delays, missed arguments, or unsuccessful removal efforts.
“An attorney maximizes your chances of successfully removing an executor, but there’s more to it than that,” said Micaraset. “Not only is there a higher chance of not succeeding in removing and replacing an executor without a lawyer, but you also may have to pay your own legal fees and potentially a portion of the executor’s legal fees if you are unsuccessful, meaning it can be more than a substantial waste of time – it can take a heavy financial toll, too,” he said.
How to Remove an Executor of an Estate in 5 Steps
The legal process for removing an executor can seem complex and daunting. Even determining if you have the grounds to remove them in the first place can be intimidating. Here’s how to remove an executor of an estate in 5 simple steps:
- Hire a Probate Litigation Attorney: The first step is to consult with a probate attorney who can assess the facts, evaluate your standing, and build a case. Not every mistake by an executor rises to the level of removal, so it’s essential to understand your legal footing.
- File a Petition for Removal: Any interested party (typically a beneficiary, heir, or co-executor) may file a petition to remove an executor. The petition must include supporting facts and evidence.
- Gather Supporting Evidence: This might include accountings, emails, witness testimony, financial records, or proof of missed deadlines. A seasoned attorney will compile evidence for you. Courts rely heavily on documentation when deciding whether to remove an executor.
- Serve the Executor: The executor must be formally served with the petition and given an opportunity to respond. The process must comply with California probate court rules to proceed.
- Attend the Court Hearing: A judge will review the petition, evidence, and any counterarguments, and then they will make their decision. If the court finds that the executor has breached their duty or is unfit to serve, it will issue an order for removal and appoint a replacement.
Related Article: How to Prove a Forged Will Signature in California Probate Court
How to Remove an Executor from a Will
Even if a decedent named the executor in their will, California probate courts still have the power to remove them. The court’s primary concern is protecting the estate and ensuring the decedent’s wishes are carried out lawfully and efficiently.
In some cases, the will may also name alternate executors, which can simplify the appointment of a replacement if the current executor is removed.
To remove an executor from a will, the most common route is contesting the will and proving that someone (usually the executor) used undue influence or fraud to have the executor appointed in the document, invalidating the document entirely or this specific provision in it.
“Probate is about honoring the wishes of the deceased and protecting the rights of the living,” added Micaraset. “If an executor is standing in the way, the law gives beneficiaries the power to act, and we help them do it,” he said.
Related Article: What Are the Grounds for Contesting a Will in California?
Expert Help Removing an Executor of a Will in California
So, can an executor be removed in California? Yes, but only when there’s real harm, misconduct, or a breach of duty that threatens the integrity of the estate. If you’re a beneficiary dealing with a negligent or self-interested executor, don’t wait until the estate is drained or family ties are irreparably damaged.
At Gokal Law Group, our team has deep experience handling probate disputes, including the removal of executors. We bring clarity, strength, and courtroom-tested strategy to every matter because families deserve a just process, and estates deserve proper stewardship. If you believe an executor should be removed, contact us today.
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