Detailed Answer — When can an executor be removed under Idaho law?

This FAQ explains when a personal representative (commonly called an executor) can be removed from an estate under Idaho law, how removal works, who may ask the court to remove the personal representative, and what steps interested persons can take to protect an estate. This is educational information only and not legal advice.

Key legal standards (big picture)

In Idaho, a court may remove a personal representative for cause. Typical grounds include incapacity, misconduct, breach of fiduciary duty, neglect of the estate, misappropriation of assets, conflict of interest that harms the estate, failure to give required notice or accountings, or inability to post bond when required. A removal is done by petition to the probate court handling the estate; the court will hold a hearing and may remove, suspend, or limit the representative’s powers and appoint a successor.

Idaho statutes governing probate and personal representatives are in the Idaho Code (Title 15). For the statutory text and local rules, see the Idaho Legislature’s statutes portal: Idaho Code — Title 15 (probate and decedents’ estates). You should also review local probate court rules for the county where the estate is administered and the Idaho Judicial Branch resources.

Who can ask the court to remove a personal representative?

Any interested person. That typically includes heirs, beneficiaries named in the will, creditors with an allowable claim, or the state (through its representatives) if relevant.
The probate court itself may act on its own if it becomes aware of misconduct or imminent harm to estate assets.

Common legal grounds for removal

Incapacity or incompetence: The representative cannot perform duties due to illness, disability, or other incapacity.
Breach of fiduciary duty: Examples include self-dealing, failure to treat beneficiaries fairly, or using estate assets for personal purposes.
Mismanagement or neglect: Failure to collect assets, preserve property, pay valid debts, file required tax returns, or to provide estate accountings to beneficiaries.
Conversion or embezzlement: Taking or spending estate property for personal use.
Conflict of interest: A conflict that materially harms the estate and where the representative refuses to step aside or obtain court approval.
Failure to give bond or surety when required: If the court ordered a bond and the representative failed to obtain it.
Failure to comply with court orders: Ignoring subpoenas, refusing to file inventories or accountings, or not following other directives.

How removal works — typical process

File a petition. An interested person files a petition or motion in the probate court that has jurisdiction over the estate, explaining the grounds for removal and requesting relief (removal, surcharge, accounting, appointment of successor).
Notice. The petitioner must serve notice on the personal representative and other interested parties so they can respond.
Temporary relief if needed. If the estate faces immediate risk (e.g., suspected theft, imminent sale of assets at a loss), the petitioner can ask the court for temporary suspension of powers, a restraining order, or appointment of a temporary trustee pending a full hearing.
Hearing and evidence. The court holds a hearing where both sides present evidence. The petitioner bears the burden to prove cause for removal.
Court decision. If the court finds cause, it may remove the representative, surcharge them for losses, order an accounting, order restitution, order suspension, or appoint a successor or co-representative.

Remedies the court may order

Removal or suspension of the personal representative’s powers.
Appointment of a successor personal representative or a temporary fiduciary.
Surcharge (monetary liability) for losses caused by misconduct or negligence.
Forfeiture of bond proceeds (if a bond is in place) to make estate whole.
Court-ordered accounting and turnover of estate property.

Practical considerations and timing

Removal petitions should be supported by clear evidence—bank records, asset inventories showing missing property, written communications, witness statements, or prior court orders the representative violated. Removal can take time; courts give representatives an opportunity to respond and to cure problems when appropriate. In urgent situations the court can act quickly to protect the estate.

Where to file and procedural points

File the petition in the probate court of the county where the decedent was domiciled at death or where the estate is being administered. Follow local probate procedures for pleadings, service, and hearing scheduling. If the estate has a will, the petition will be filed in the probate case opened for that will; if intestate, file in the estate or administration case.

Relevant Idaho statutory resources

Idaho’s probate and decedent estate statutes cover appointment, duties, bond, accounting, and removal of personal representatives. See Idaho Code Title 15 for statutory provisions and definitions: https://legislature.idaho.gov/statutesrules/idstat/Title15/. Also consult the Idaho Judicial Branch for probate forms and local court rules: https://isc.idaho.gov/.

Summary

Under Idaho law, a personal representative can be removed for cause: incapacity, misconduct, breach of fiduciary duty, misappropriation, neglect, failure to comply with court orders, or other conduct that harms the estate. Removal requires filing a petition in probate court, notice to interested parties, and a court hearing. The court can remove or suspend the representative, appoint a successor, order accounting, and award monetary remedies.

Disclaimer: This is general information only and not legal advice. It does not create an attorney-client relationship. For advice about a specific estate or to start a removal proceeding, consult a licensed Idaho probate attorney who can analyze facts, identify applicable statutes, and represent you in court.

Helpful Hints — What to do if you suspect a personal representative should be removed

Collect evidence: bank statements, cancelled checks, communications, inventory lists, photos, and witness contact information.
Request an accounting from the personal representative in writing. Courts expect accountings and transparency.
Preserve estate assets: ask the court for a temporary order to protect cash, real property, or valuables if you fear immediate loss.
Contact the probate clerk in the county court for local filing procedures and forms.
Consider mediation if disputes among beneficiaries are primarily about distribution rather than misconduct.
Get legal help early: a probate attorney can advise whether removal is likely, prepare a petition, and pursue emergency relief if needed.
Act promptly: undue delay can make it harder to recover missing assets or obtain interim protection.