How to remove an executor of a Will?

UPDATED: Aug 28, 2011

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How to remove an executor of a Will?

My mother made my sister the executor of her Will but my sister died before my mother. Mom has now died and in the Will my niece is named to proceed if my sister is dead. My niece is not mentally able to do so because of medication she is currently taking. How or what can I do to have her removed while we settle my mother’s estate?

Asked on August 28, 2011 Oklahoma


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

Answered 11 years ago | Contributor

I am so sorry for your losses.  What I can not tell from your question is if your niece is voluntarily stepping down from her position as Executor named in the Last Will and Testament of your mother.  If she is "renouncing" her position then things will be much easier for you.  Oklahoma probate court may hava  a document that she would need to file or seek the help of an attorney to prepare one.  If, however, she is not renouncing and you think that she is unfit to serve, that is a whole different ballgame.  Removing an executor from an estate is not an easy task.  And it will cost you out of pocket for attorney's fees while her legal fees can be paid from estate funds thereby depleting the estate. Once she offers the Will to probate you can object to her appointment.  It looks like you will need legal help either way.  Seek counsel in your area.   

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.

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