How to remove or become a substituted executrix?

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 to remove or become a substituted executrix?

I apologize if my request for help appears twice for I thought after I click on your orange button I mistakenly thought it was the submit button. This pertains to my sister’s Will and her executrix of her will. My sister died in 1993 and she appointed her lady friend to be the executrix with me being second. I just recently found on she is the beneficiary of a insurance policy our mom took out many years ago. It seems both forgot about this policy or did we find any documents pertaining to.The only person who can claim this money is her executrix but she is no where to be found. I have check free public records web site and social security death index with no results. Spoke to attorneys but refused to help claiming not worth it. Is it possible I can present my situation before a judge?

Asked on January 23, 2018 under Estate Planning, New Jersey


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

Answered 4 years ago | Contributor

To remive an executor that has already been appointed one must bring a complaint in Superior Court in New Jersey.  But from my reading of the question it would seem to me that you never filed the Will, correct?  So you may have some options here.  Does the Will divide your sister's assets the same as if she died intestate (without a Will)?  Then you could just file as if she died without a Will and ask the court to appoint you Personal Representative of the estate.  The insurance policy will then be paid out to the estate.  You will need to open an estate account, etc.  If the Will divides assets differently, then you could file the Petition yourself with an affidavit detailing your efforts to find the Executrix and indicating that she can not be found and ask the court to appoint you instead.  The thing about the Probate Courts is that they are generally "nicer" to deal with.  The clerks can not give legal advice but they can give you forms and guide you accordingly.  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