FAQ: When Can an Executor Be Removed in California?

Disclaimer: This article provides general information about California probate law and is not legal advice. Consult a licensed California probate attorney for advice about a specific case.

Detailed Answer — How and when a court can remove an executor (personal representative) under California law

In California an “executor” (more broadly called a personal representative) can be removed by the probate court when there is a legal basis showing the representative is not properly performing duties or is otherwise unfit. Interested persons — typically beneficiaries, heirs, creditors, or co-personal representatives — may file a petition asking the court to suspend or remove the personal representative, request accounting, or seek other relief. The court examines the facts and decides whether removal is necessary to protect the estate and beneficiaries.

Where the law is found

California’s probate laws and procedures are in the California Probate Code and handled by the superior courts. For a full text of the Probate Code, see the California Legislative Information site: California Probate Code (leginfo.ca.gov). For practical guidance from the state courts, see the California Courts self-help probate pages: courts.ca.gov — Probate Self-Help.

Common legal grounds for removal

Breach of fiduciary duty: Misusing estate assets, self-dealing, or putting personal interests ahead of beneficiaries.
Mismanagement or gross negligence: Failing to collect estate assets, pay debts, preserve property, or file required inventory and accountings.
Theft or embezzlement: Taking money or property belonging to the estate.
Incapacity or incompetence: Illness or incapacity that prevents performance of duties.
Failure to post bond or comply with orders: When the court has required bonding or compliance and the representative refuses or fails to comply.
Conflict of interest or lack of qualification: Situations that disqualify the person under statutory rules or create unavoidable conflicts of interest.
Fraud, undue influence, or improper appointment: If appointment resulted from fraud (for example, forged signatures) the court may remove the appointee.

Who can ask the court to remove an executor?

“Interested persons” may petition the court. This usually includes beneficiaries named in the will, heirs at law, creditors who have standing, or co-personal representatives. The petition must show facts supporting removal. If immediate harm is alleged, the petitioner can ask the court to temporarily suspend the executor while the court considers removal.

Typical court process

File a written petition in the county probate court that has jurisdiction over the estate.
Serve the petition and notice of hearing on the executor and other interested persons per court rules.
The court may require the executor to provide an accounting and records.
A hearing will be held where evidence is presented (documents, testimony, bank records, receipts).
The court decides whether removal, surcharge (monetary penalties for losses), replacement, or other relief is appropriate. The court may appoint a successor personal representative or co-representative.

What evidence helps a removal petition?

Strong evidence is factual and documentary. Useful items include:

Bank statements, canceled checks, and transaction records showing improper transfers or missing funds.
Communications (emails, letters, texts) showing misconduct or refusal to cooperate.
Inventory and appraisal records, or the lack thereof, showing failures to identify and secure estate assets.
Expert or witness testimony (accountants, appraisers).
Court orders the executor ignored, or records of missed deadlines.

Possible court outcomes

Removal of the executor: The court appoints a successor personal representative.
Suspension: Temporary restriction while the court investigates.
Surcharge: Monetary liability for losses caused by misconduct or negligence.
Mandatory accounting: The executor must file full inventory and accounting.
No action: If evidence is insufficient, the court may deny removal but may still order other remedies (accounting, bond increase).

Practical timeline and costs

Probate litigation can take months or longer. A petition to remove can be complex and may require discovery (document requests, depositions) and contested hearings. Costs include filing fees, service fees, and attorney fees. In some cases the court can shift reasonable attorney fees to the estate if misconduct causes unnecessary litigation.

Hypothetical example

Suppose an executor uses estate funds to pay for personal vacations, fails to provide beneficiaries with an inventory, and ignores repeated beneficiary requests for statements. Beneficiaries could petition the probate court, show bank records and communications, ask for temporary suspension, request a full accounting and removal, and seek surcharge for misused funds. If the court finds clear evidence of misuse, it can remove the executor and appoint a successor.

Alternatives to removal

Request an accounting or inventory from the executor (often required by law).
Ask the court to increase the executor’s bond to protect estate assets.
Seek limited relief (surcharge or an order compelling specific actions) rather than full removal.
Mediation among beneficiaries and the executor to resolve disputes without full litigation.

When to consult an attorney

Consider speaking with a probate attorney if you see missing funds, unexplained delays, refusal to account, potential self-dealing, or signs of incapacity. An attorney can evaluate whether a removal petition is likely to succeed, help gather evidence, and represent you in court. Because probate rules and local court procedures vary, a California probate lawyer familiar with the local superior court can give the best guidance.

Helpful Hints

Document everything: Keep copies of all communications, bills, receipts, and bank statements relating to the estate.
Request an inventory and account in writing. Executors must provide these on court order or request in many situations.
Act promptly. Statutes of limitation and probate schedules can limit options later.
Keep emotions in check. Facts and documentation matter most to the court.
Use court self-help resources: consult the California Courts’ probate self-help pages (courts.ca.gov) for forms and procedural info.
Ask about bonding: if the executor did not post a bond, the estate may be easier to protect by asking the court to require one or increase it.
Consider less aggressive remedies first (accounting, mediation) if the goal is information and restoration, not immediate removal.
Work with an attorney experienced in probate to preserve evidence and follow local rules for petitions and service.

Final note: This content is informational only and does not create an attorney-client relationship. For advice about a specific estate in California, contact a licensed probate attorney in the county where the probate estate is filed.