The executor of a deceased person's estate is responsible for paying off any outstanding bills and distributing the remaining assets to the heirs listed in the will. If the executor is not able to fulfill these duties, the heirs may file a petition requesting a dismissal. The petitioner must show proof of misconduct by the executor or evidence of mental or physical impairment that affects the executor's ability to perform the necessary tasks. In rare cases, the court will dismiss an executor due to a major conflict of interest with a beneficiary of the estate.
Step 1
Document all evidence of the executor's failure to carry out his duties. If you are seeking dismissal based on mental or physical incapacity, you may need a physician's statement declaring the executor is impaired severely enough to be unable to handle the required tasks. If you are claiming misconduct on the executor's part, you must provide detailed proof of fraud, perjury, theft of assets or other dishonest activity that adversely affects the estate or its beneficiaries.
Step 2
File a petition for removal with your local probate court. If you need assistance with the petition, hire an attorney with experience in probate law. Wait for the court to send you notification of your assigned hearing date.
Step 3
Attend the probate court's removal hearing on the specified date. You will be asked to present the evidence to back up your assertion that the executor is unfit. You may appear for the hearing alone or bring a lawyer to represent you.
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