Can the court require an executor to repay legal fees for removal of another executor?

How do you transfer the position of executor to another person?

An executor must be appointed by a court. The executor can resign by filing a resignation with the court and the court will appoint a successor.

Can using the position of Executor to settle old scores be grounds for removal?

Remember that an executor has no power and authority until they have been appointed by the court. The answer is yes. The interested parties can file a motion for the removal of the executor and the appointment of a successor at the court that appointed the executor. You must express your complaints in the motion with clear examples. The court will review the situation and render a decision.

What is the name of the court petition to remove an executor of a will?

To remove an executor from an estate a petition must be filed. Then there has to be reasoning provided either ineligibility or misconduct. All this must be provided to file in order for a representative of court to review and make a decision.

You did not know you were executor and do not want to do it?

You can decline the responsibility. The court will appoint another executor.

How do you become a court appointed executor?

You file the will with the probate court with a petition asking that the will be allowed and that you be appointed the executor. If there is a named executor in the will who has died or who does not want to serve you should provide proof to the court.

How does someone transfer their job as co-executor to another person?

An executor has no authority until they have been appointed by the probate court. The executor must file a resignation with the court that appointed them and the court will appoint a successor.

You want to remove yourself as an executor?

You are not an executor until you have filed the will for probate and been appointed by the court. You may resign by filing a resignation with the court. The court will require that you file an account and will appoint a successor.

What if you don't want to be a co executor?

Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.

When a testator dies and the named executor does not want the duty how does he find a new executor?

The appointment of a named executor or replacement of an executor for any reason is under the jurisdiction of the probate court. The named executor can file a Declination if they don't want to accept the appointment and the court will appoint an alternate. The person who wishes to relinquish the office after appointment as the executor must file a motion with the court to be relieved of that duty and the court will appoint a successor. If the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor.

Can executor appoint a representative?

Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.

How can you opt out of executor of will due to serious sickness?

You simply tell the court you cannot serve. They will appoint another executor.

Can the conservator be the executor if executoe is deceased?

That will depend on the probate court. The individual could be appointed as the new executor. Or the court could appoint another neutral party.