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How do you have someone removed as executor of an estate?

How do you have someone removed as executor of an estate?

Q: What is an executor personally liable for?

An executor can be personally liable for losses to the estate caused by their negligence or misconduct. This includes failing to pay debts, mishandling assets, or not following the terms of the will. If beneficiaries suffer financial losses due to the executor's actions, they may seek legal recourse against the executor.

Q: How to file a complaint against an executor of an estate?

To file a complaint against an executor, you typically need to submit a petition to the probate court detailing your grievances. This may include evidence of misconduct or failure to perform duties. It's advisable to consult with an attorney to ensure proper procedures are followed and to strengthen your case.

Full question:

My sister was appointed executor, but she has done nothing except let the house go and cause the property to devalue. Please tell me what forms I need to file with the probate court in order to remove her as executor and have myself appointed as the executor.

Category: Wills and Estates
Date: 04/07/2025
State: Georgia

Answer:

We do not have the particular form you need. Basically you will need to file a Petition with the Court requesting the relief you seek along with the reasons for your request.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who holds an executor accountable?

An executor is accountable to the beneficiaries of the estate and the probate court. They must act in the best interests of the estate, manage assets responsibly, and provide accurate accounting of all transactions. If they fail to fulfill these duties, beneficiaries can file a complaint or petition to remove the executor.

What is an executor personally liable for?

How to file a complaint against an executor of an estate?

Who has more control, power of attorney or executor?

A power of attorney (POA) grants authority to manage financial and legal matters while the person is alive, whereas an executor manages the estate after death. The executor has control over the distribution of assets and administration of the estate, but their powers are defined by the will and probate court. The POA's authority ends at death.