what form do I use in california to petition the court to remove an executor of a trust for failing to do his job

UPDATED: Oct 1, 2022

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what form do I use in california to petition the court to remove an executor of a trust for failing to do his job

my mother died a month ago and my father who is deceased had a trust in which I was named , I have sent two letters to the executor with my contact information and he has not responded , I would like to know which form I need to petition the probate court for his removal and appointment of a new executor

Asked on September 19, 2017 under Estate Planning, California


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

Answered 5 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  It is not a form really that you file.  It is a Petition filed with the Probate Court to remove the Executor and it must be filed by someone that has an interest in the estate.  But from what you have written he seems to be called the Trustee of the Trust.  Again, you can file a Petition to remove him.  I am going to give you a link to a form use in Santa Clara Superior Court.  Take it to the court in which your proceeding is pendng and ask them if they have a similar form.  Good luck.  http://www.scscourt.org/forms_and_filing/forms/PB-4034.pdf

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