How long of a process it is to have someone removed as executor of a will?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How long of a process it is to have someone removed as executor of a will?

My dad is a sibling of 5 children. My grandmother just passed away a couple of weeks ago. She had an original will that put the eldest as executor. She had changed some things up including executor and had made a detail list of some items in her home as to who would get them but had never filed it to make the changes official. The current executor has tried to remove some things from the property without the other siblings knowing and placing some of the ‘unofficial’ items in the estate sale that was suppose to go to great grandchildren. How long and how hard would it be to remove her as executor to allow things to be divided accordingly. Side note Not the first time this sibling has tried to get things for herself.

Asked on August 26, 2018 under Estate Planning, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  It really depends on the evidence you have that the Executor has breached the Fiduciary Duty to the estate and how backed up the Court's docket is to hear these matters.  It may be in your best interest to consult an attorney and start by sending a well worded and firm letter that requests an accounting of all that has happened to date.  Understand that the Executor may use estate funds to defend against this claim so it can reduce the size of the estate if the litigation becomes protracted.  That is not to say that it should not be undertaken.  You just need to understand the practical aspects of it as well.  Your legal fees would be your responsibility but that is not to say that you could not commence a civil suit against the executor for the breach if you can prove it or collect from the bond if there was one.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption