How to Remove an Executor in Pennsylvania
Posted on Fri Dec 15, 2023, on Estate Litigation
From Our “Ask a Question” Mailbag: “My mother’s estate has been open for over a year. The Executor will not return my calls. Please explain to me how to remove an executor in Pennsylvania.”
Executor Removal Lawyer Brian Perez.
How to Remove an Executor in Pennsylvania?
Is an Executor in Pennsylvania not carrying out their fiduciary duties? Is the Executor putting the estate’s assets at risk? If so, here is a short introduction on removing the Executor.
For more detailed information, follow this link to my website’s pages entitled Removal of Executors: Everything You Need To Know.
Our Executor Removal Team:
Attorney Tracey Connor, pictured above, is part of our Estate Litigation team. This team regularly handles cases involving removing an executor. Sometimes, we represent the parties attempting to remove the Executor. At other times, we defend the Executor whom the Parties try to remove. This is our area of the law. We don’t dabble in other areas; we focus on estate litigation. Attorney Connor works with a team that includes Department Head Attorney Glen Ridenour and Attorney Brian Perez.
If you have an Executor removal matter, don’t go to someone who dabbles in the area. In Pennsylvania, our team focuses on one court: the Oprhan’s Court. This is the court that oversees Executor removal matters.
A Judge Must Remove the Executor.
Judges don’t remove Executors just because the heirs don’t like them. As an interested party, your attorney must present a compelling reason for removal. The Judge is not a detective. Your team must gather and present evidence to the Judge. Further, the Judge will only listen to evidence presented under the court’s rules of evidence. For example, your attorney can present relevant documents, pictures, witnesses, and experts.
The Process of Executor Removal.
In broad terms, here is the process of removing an executor:
- Petition the Court. Within the statute of limitations, your attorney files a petition asking the court to remove the Executor. The petition spells out the grounds for removal.
- Serve the Executor. Each court has specific rules about giving notice to interested parties. The Executor must be properly served a copy of the petition and notice of hearings.
- Prepare for the Hearing. Your Executor removal lawyer assembles the witnesses and other evidence.
- Present Evidence to the Judge. Your executor removal lawyer presents your case and responds to the Executor’s defense.
In Conclusion, Do you need an Executor Removal Attorney?
Pennsylvania has a specific court to decide whether an Executor is removed. These judges take this task seriously and will require adequate evidence. They may feel that an Executor should be removed, but the Judge’s hands are tied if you do not present enough evidence. This is the reason why you need an experienced Executor Removal Lawyer.
I hope you found this short article about How to Remove an Executor in Pennsylvania useful. I have also included some links for more detailed information.
Contact us if you want to know more or have an estate needing our help. Let our Pennsylvania Executor Removal Lawyers help walk you through what can be a confusing process. Feel free to contact our office for a free consultation.
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