Can you change the executor on an estate?

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Can you change the executor on an estate?

My father passed away. There is a house in another state that is involved. Can I have the executor changed?

Asked on May 17, 2019 under Estate Planning, New Hampshire

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A benefciary can petition the probate court to replace an executor who is not performing their duties. There are several grounds for this (i.e. gross misconduct, incapacity, conflict of interest, etc.). If, the change is granted, then the executor will be replaced by either the successor executor listed in the Will or and, if one is not so listed, then the court will appoint one. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the executor has breached a fiduciary duty or is not carrying out required duties or is unfit which are only a few examples of the numerous grounds for having an executor replaced, a beneficiary can petition the probate court to have a successor appointed executor. If the Will names a successor as executor, that individual becomes the executor. If the Will is silent on designating a successor as executor, the court will appoint a successor.


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