A dialogue box may appear asking you about encoding. How Do You Petition to Remove the Executor of an Estate? Estates, Forms Agreements, Sale Negligence of executors duties leading to loss; Incapacity, death or inability to act as executor; Failure to tender an account on a timely basis; Other breach of fiduciary duty causing loss to the estate. . All your templates will be organized and verified with an account at US Legal Forms. . Likewise, if a portion of a decedents estate passes to the decedents surviving spouse, a Spousal Property Petition can potentially be used to directly transfer the property to their surviving spouse without formal probate. Copyright 2022 Aderant All rights reserved. To ensure favorable results, it is best to involve a beneficiary lawyer both when inspecting accountings and challenging them. When this occurs, beneficiaries may consider filing a petition to remove the executor of an estate. What is considered good cause or grounds to challenge an executor to remove him or her in California? If you are an estate beneficiary whose inheritance is at stake because of a will contest brought by another beneficiary, an heir or the executor, it is crucial you participate, or you could lose your seat at the negotiating table and quite possibly your inheritance. It cannot be stressed enough how important it is to not be a freeloader beneficiary or bystander beneficiary. Executors and administrators are likewise subject to an absolute duty of loyalty; their personal interests should never be placed above those of the estate or estate beneficiaries. Special administration typically concludes when the personal representative is appointed. Agreements, LLC Sacramento County Newspapers Authorized for Probate Publication. If errors or red flags are discovered upon inspection, estate beneficiaries are entitled to challenge the accountings in court.
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