When creating a will, a person may name an executor to carry out their wishes upon their death. Often, executors are people who an individual trusts at the time they draft their estate documents. Unfortunately, executors named in a will sometimes fail to fulfill their duties. Other times, executors may not be able to fulfill their role due to personal circumstances.
If the executor of your loved one’s estate does not satisfy their role or wishes to resign, a skilled probate attorney could help ensure that a competent successor is appointed. Contact a lawyer today to learn more about the removal or resignation of an executor in Rosemead.
How to Have an Executor Removed
Although an executor is given clear instructions for distributing a decedent’s assets after their passing, the representative often fails to follow them. Often, the beneficiaries named in an estate are responsible for bringing it to the court’s attention if they believe an executor is not living up to their role.
For example, if beneficiaries are entitled to specific property, and an executor is withholding the land from heirs, they can petition to have their executorship taken away. Beneficiaries can have an executor removed from an estate by a majority vote or by filing a petition in probate court for their forceful removal.
A diligent attorney could help family member’s or beneficiaries file a petition to remove an executor from an estate in Rosemead.
Resigning from an Executorship
In some cases, an executor can resign from their role. For example, if a representative becomes overwhelmed with the duties required of them, they may seek resignation in court. To resign, an executor must draft a resignation letter, sign the document, and notify the estate’s beneficiaries. An estate document will often give an executor the right to resign from their role, especially if they are not being compensated.
If an estate is not in probate, the court does not need to be notified. However, if probate proceedings are ongoing, then a judge must be made aware of an executor’s resignation. A seasoned lawyer in Rosemead could explain the process of resigning from an executorship and ensure correct steps are taken to appoint a new representative.
How is a New Executor Appointed in Rosemead?
If an estate plan or will names a successor, that person can step into the role of executor. Any adult over age 18 can be named as a successor, including a beneficiary or third party that has no interest in a decedent’s assets.
If no one is named as successor in a will, beneficiaries can vote by majority to appoint a new executor. Otherwise, they must go through the court to find a person to fill the vacancy. Generally, once the primary executor resigns, the successor can step in instantly.
Contact an Attorney to Help with the Removal or Resignation of an Executor in Rosemead
After a loved one’s death, distributing their assets during probate can become complicated. If an executor cannot fulfill their duties, it can pose even more challenges to family member’s and beneficiaries. However, a hardworking attorney could help.
A legal team member could help ensure the timely removal of an estate representative and find a new executor to fill the role. Contact a lawyer today to learn more about the removal or resignation of an executor in Rosemead.