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Removing an executor

On Behalf of | Jul 6, 2022 | Estate planning |

When people in Georgia and elsewhere create wills, they typically name a trusted person to act as executor. An important role, an executor is responsible for administering all aspects of the will in accordance with its stipulations and navigating probate to close out the estate. While most executors fulfill their duties with the utmost professionalism and integrity, others may struggle with the process or, worse, pilfer funds from the estate for their own benefit. 

If an executor is not fulfilling his or her duties in administering the estate, the heirs and beneficiaries of the testator may seek to have the executor removed. According to the Code of Georgia that governs wills and the administration of estates, the following are possible reasons to remove an executor and replace the individual with a new one: 

  1. The executor does not fulfill his or her duties properly and in accordance with the terms outlined in the will. 
  2. The executor uses funds from the estate for his or her own personal benefit 
  3. The executor acts fraudulently in his or her fiduciary duties. 
  4. The executor does not distribute funds to beneficiaries, creditors and others with a legitimate claim against the estate. 

There also may be other reasons for removing an executor from an estate, which can include the executor moving away or otherwise not in physical proximity to fulfill their duties, or they may experience incapacitation or some other reason that would compromise their ability to fulfill their duties. 

Seeking legal counsel 

Those in Georgia who have concerns regarding the executor charged with administering their loved one’s estate have legal recourse. They can petition the probate court to remove the current executor with documented evidence to support the claim of incompetence, wrongdoing or incapacitation. Anyone seeking to remove an executor can consult with an experienced fiduciary litigation attorney in Georgia for assistance.