Detailed Answer — Grounds, procedure, and likely outcomes under Connecticut law

In Connecticut the person who administers an estate is usually called a “personal representative” (often referred to as an executor or administratrix). A personal representative can be removed by the probate court when there is a valid legal reason and sufficient evidence. The court’s authority comes from the Connecticut probate system and state statutes governing fiduciaries and probate procedure (see Connecticut General Assembly and the Judicial Branch probate pages below for official resources).

Common legal grounds for removal

• Incapacity or incompetence: The personal representative cannot carry out duties because of illness, cognitive decline, or other incapacity.
• Refusal or neglect to perform duties: Repeated failures to locate assets, pay valid debts, file inventories, or follow court orders.
• Misconduct or breach of fiduciary duty: Self-dealing, misappropriation of estate funds, conflicts of interest, or using estate property for personal gain.
• Failure to account or provide records: Refusal to prepare or file required accountings or to produce requested records to the court or interested parties.
• Lack of bond or inadequate bond where required: If the court required a bond and no adequate bond is posted, that can be grounds for removal to protect the estate.
• Conflict among co-personal representatives: Ongoing, irreconcilable disputes that prevent administration of the estate.

Who can ask the court to remove an executor?

Ordinarily an “interested person” may file a petition in the probate court. Interested persons typically include heirs, beneficiaries named in the will, creditors with valid claims, co-personal representatives, or any other party who has a legal stake in the estate’s administration.

How the removal process typically works

1. Gather evidence: Collect documents showing neglect, mismanagement, improper transfers, missing accountings, bank records, communications, or other proof.
2. File a petition in the probate court: The petitioner files a written petition asking the court to remove the personal representative and may request interim relief (like a temporary freeze on transactions or appointment of a temporary administrator).
3. Notice and hearing: Connecticut probate procedure requires notice to interested parties and a hearing where the court evaluates evidence and hears arguments.
4. Court decision and remedies: If the court finds cause, it can remove the personal representative and appoint a successor (often an alternate named in the will, a co-representative, or a court-appointed fiduciary). The court can also order accounting, surcharge (financial liability for losses), restitution, bonding, or other relief. In serious cases involving theft or fraud, criminal referrals may follow.

Speed and emergency relief

When there is an urgent risk — such as imminent dissipation of estate assets or suspected theft — the petitioner can ask the court for emergency or temporary orders (e.g., to restrain transactions, require turnover of funds, or appoint a temporary fiduciary) before a full hearing. Bring strong, specific evidence for emergency relief.

Practical consequences of removal

• The removed fiduciary must turn over estate assets and accounting to the successor or the court.
• The court can order the removed fiduciary to pay damages (surcharge) for losses caused by misconduct or negligence.
• Costs and attorney fees: the court may allocate costs, especially if misconduct is proven.

Where to look in Connecticut law and court rules

Connecticut probate matters and fiduciary duties are governed by state statutes and probate practice. For statutes and official resources, see:

• Connecticut General Assembly — Home (statutes and public acts) (use the site search to find probate and fiduciary statutes).
• Connecticut Judicial Branch — Probate Courts (information on probate court locations, forms, and procedures).

When removal might not be the best first step

Removal is a serious remedy and can be contested. In many cases it is sensible to try less adversarial steps first: demand a formal accounting, request mediation, seek the court’s supervised accounting before asking for removal, or negotiate a voluntary resignation and settlement. Courts generally prefer solutions that protect the estate while minimizing cost and delay.

Takeaway: In Connecticut a personal representative can be removed when they are incapable, neglectful, dishonest, or otherwise breach their fiduciary duties. The proper path is a petition to the probate court with clear evidence, notice to interested parties, and a court hearing. The court can remove the fiduciary, appoint a successor, order accounting or surcharge, and grant other relief to protect the estate.

Official resources: See the Connecticut General Assembly site for statutory text and the Connecticut Judicial Branch probate pages for procedures and forms: https://www.cga.ct.gov/ and https://www.jud.ct.gov/.

Disclaimer: This article explains general Connecticut probate principles. It is educational only and not legal advice. For advice about a specific case, contact a licensed Connecticut probate attorney or the local probate court.

Helpful Hints — Practical steps if you’re concerned about an executor in Connecticut

• Document everything: bank statements, cancelled checks, emails, and copies of filings that show omissions or suspicious transactions.
• Request a formal accounting in writing through the probate court if the executor refuses to provide one voluntarily.
• File a petition in the probate court in the district where the estate is being administered; the court clerk can explain filing requirements and fees.
• If assets are at risk, ask the court for emergency relief (temporary restraining order, turnover, or appointment of a temporary fiduciary).
• Consider mediation or a settlement demand before filing a contested removal — it can save time and costs.
• Be mindful of deadlines for claims against the estate or for bringing certain types of actions; contact the probate clerk if unsure.
• Keep communications factual and professional; avoid accusations without documented evidence.
• Consult a Connecticut probate attorney if the estate is complex, if large assets are involved, or if you suspect fraud.