85 Broad Street 18th Floor New York, NY 10004 United States. This form can be filled out in your local probate court. How to File a Petition To Remove an Executor of an Estate in New York Justia has no commercial relationship with US Legal Forms, and we receive no commissions . Your case must be organized and presented in a specific manner. an LLC, Incorporate Templates, Name If you need to remove an Executor our our experienced Probate Litigation Attorneys will make it easy for you to understand the process and provide top notch representation. An executor must also keep interested parties informed of the status of the estate and the probate process, remain honest, follow the will's directives and court orders, diligently move the estate through the . But it'll be up to you to prove that the executor needs to be replaced. The court has to find out whether the person named is up for it. If that possibility frightens you, we understand! The Register has the authority to revoke the appointment of an executor or administrator in certain circumstances. Statement in compliance with Texas Rules of Professional Conduct. Provided the executor meets the court-imposed deadlines, then this individual will likely not be removed from the estate. Upon the death of the testator, the named executor files a probate petition (along with the original will) with the Surrogates Court. b. was/were allowed to resign without fully administering said estate. Copy. Should an executor be derelict in his duty of administrating an estate, an action can be filed with the court seeking removal of the executor. It can also help if you share with everyone the decedents specific wishes from the will. The court must set a hearing on the petition within ten days of filing. Service, Contact There are certain statutory duties that an executor is legally obliged to carry out, and failure to do so can justify their removal. As EPA continues to move toward identifying PFAS as Hazardous Is an OSHA Workplace Violence Standard for the Healthcare Industry on Yellen Calls on World Bank to Take Decisive Action on Climate Change, To Volunteer or Not: The Role of Community Association Board Members.
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