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Executor Removal

Removal of Willing Executor before Court Appointment

If the named trustee or executor is unavailable, ineligible, or unwilling to serve prior to court appointment, there are a variety of way for the trustee or executor to resign from the trustee duties.

Forms for Executor Resignation and Appointment

Stipulated Removal and Replacement of Willing Executor after Court Appointment

Removal of an executor after court appointment can be difficult if the balance of representation or power in of a trust or estate is involved.  Some beneficiaries of blended families may feel safe with the suggested replacement executor.  


In other cases, families are in agreement regarding who should serve as successor.   


In either situation, any attempt at substitution and appointment of a successor executor needs to be consummated with caution.  Executor transitions must be made with an eye to liability and risk management, tax efficiency, regulatory issues.


Consult with an attorney to ensure the executorship is consummated with technical correctness.  An attorney can discuss the benefits of formal vs informal probate with you.

Consult with an Attorney about Informal

Attempted Removal of Unwilling Executor

Discussion of issues surrounding the removal of an executor, who is unwilling to be removed, would require consultation with an Attorney

Executor Removal Litigation Consultation

Related Issues

Executor Resignation

Executor Resignation

Executor Resignation

Depending on the Executor's response to resignation, there are a large number of potential ways to assist an executor with resigning.

Executor Resignation

Executor Appointment

Executor Resignation

Executor Resignation

Appointing a replacement executor can be necessary for a variety of reasons.  Ensure compliance with the terms of your will.

Executor Appointment Information

Trustee Removal

Executor Resignation

Trustee Removal

When an Executor is no longer able or qualified to serve, it might also be necessary to remove or request stipulation to the resignation of the same individual if they are serving as the Trustee.

Trustee Resignation Information

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