Petition to Remove Executor

PETITION FOR REMOVAL OF PERSONAL REPRESENTATIVE

COURT INFORMATION

State of: [________________________________]

County of: [________________________________]

Court: [☐ Probate Court ☐ Surrogate's Court ☐ Superior Court ☐ Circuit Court]

Case Number: [________________________________]

IN THE MATTER OF THE ESTATE OF:

Decedent's Full Legal Name: [________________________________]

Also Known As: [________________________________]

DECEASED

I. PETITIONER INFORMATION

Name of Petitioner: [________________________________]

Relationship to Decedent: [________________________________]

Interest in Estate:
☐ Beneficiary under the Will
☐ Heir at Law
☐ Creditor
☐ Co-Personal Representative
☐ Other interested person: [________________________________]

Address:
Street: [________________________________]
City: [________________] State: [____] Zip: [________]

Telephone: [(___)___-____]

Email: [________________________________]

Attorney for Petitioner:
Name: [________________________________]
Bar Number: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [(___)___-____]
Email: [________________________________]

II. CURRENT PERSONAL REPRESENTATIVE

Name: [________________________________]

Capacity:
☐ Executor (named in Will)
☐ Administrator
☐ Administrator with Will Annexed
☐ Successor Personal Representative

Address:
[________________________________]
[________________________________]

Date of Appointment: [__/__/____]

Bond Amount (if any): $[____________]

Surety: [________________________________]

III. ESTATE INFORMATION

Date of Decedent's Death: [__/__/____]

Date Will Admitted to Probate: [__/__/____]
(or Date Letters of Administration Issued)

Estimated Estate Value: $[____________]

Current Estate Status:
☐ Open - Active administration
☐ Open - Pending distribution
☐ Other: [________________________________]

IV. STANDING TO FILE

Petitioner has standing to file this Petition because:

☐ Petitioner is a beneficiary under the Will with an interest in the proper administration of the estate.

☐ Petitioner is an heir at law who would inherit if Decedent died intestate.

☐ Petitioner is a creditor with a claim against the estate.

☐ Petitioner is a co-personal representative.

☐ Other: [________________________________]

V. GROUNDS FOR REMOVAL

Petitioner seeks removal of the Personal Representative on the following grounds:

A. MISMANAGEMENT AND WASTE OF ESTATE ASSETS

☐ The Personal Representative has mismanaged, wasted, or is about to mismanage or waste estate assets.

Specific allegations:

Details:
[________________________________]
[________________________________]
[________________________________]

B. EMBEZZLEMENT OR MISAPPROPRIATION

☐ The Personal Representative has embezzled or misappropriated estate funds.

Specific allegations:

Details:
[________________________________]
[________________________________]

C. SELF-DEALING AND CONFLICT OF INTEREST

☐ The Personal Representative has engaged in self-dealing or acted with a conflict of interest.

Specific allegations:

☐ Personal Representative purchased estate property for personal benefit
☐ Personal Representative employed relatives at excessive compensation
☐ Personal Representative made loans to self from estate funds
☐ Personal Representative used estate property for personal purposes
☐ Other: [________________________________]

Details:
[________________________________]
[________________________________]

D. FAILURE TO PERFORM DUTIES

☐ The Personal Representative has failed to perform required duties.

Specific failures:

☐ Failed to file Inventory within required time
Required by: [__/__/____] Filed: [Never / __/__/____]

☐ Failed to file Accounting within required time
Required by: [__/__/____] Filed: [Never / __/__/____]

☐ Failed to pay valid creditor claims

☐ Failed to file required tax returns

☐ Failed to distribute estate property

☐ Failed to provide information to beneficiaries

☐ Failed to respond to court orders

☐ Failed to exercise reasonable care in managing assets

☐ Other: [________________________________]

Details:
[________________________________]
[________________________________]

E. BREACH OF FIDUCIARY DUTY

☐ The Personal Representative has breached fiduciary duties owed to the estate and beneficiaries.

Specific breaches:

☐ Failed to act in best interests of estate and beneficiaries
☐ Failed to treat beneficiaries impartially
☐ Failed to exercise reasonable care, skill, and caution
☐ Failed to keep estate property separate from personal property
☐ Failed to keep adequate records
☐ Other: [________________________________]

Details:
[________________________________]
[________________________________]

F. INCAPACITY

☐ The Personal Representative is incapacitated and unable to perform duties.

Details:
[________________________________]
[________________________________]

G. DISQUALIFICATION

☐ The Personal Representative is disqualified from serving.

Reason for disqualification:

☐ Convicted of a felony: [________________________________]
☐ Non-resident in violation of state law
☐ Under guardianship/conservatorship
☐ Removed from position in another estate
☐ Other: [________________________________]

H. REFUSAL TO POST REQUIRED BOND

☐ The Personal Representative has refused to post a required bond.

I. FRAUD OR MISREPRESENTATION

☐ The Personal Representative obtained appointment through fraud or material misrepresentation.

Details:
[________________________________]
[________________________________]

J. CONFLICT WITH BENEFICIARIES

☐ The Personal Representative's personal interests conflict with the estate's interests such that continued service is detrimental.

Details:
[________________________________]
[________________________________]

K. OTHER GROUNDS

☐ Other grounds for removal:
[________________________________]
[________________________________]

VI. HARM TO ESTATE

The conduct of the Personal Representative has caused or will cause the following harm to the estate:

Total Estimated Harm: $[____________]

VII. DEMAND TO PERSONAL REPRESENTATIVE

☐ No demand was made prior to filing this Petition.

☐ Petitioner made demand on the Personal Representative as follows:

Date of Demand: [__/__/____]

Nature of Demand: [________________________________]

Response Received: [________________________________]

VIII. EMERGENCY RELIEF

☐ This Petition does not request emergency relief.

☐ EMERGENCY RELIEF REQUESTED

Due to the following exigent circumstances, Petitioner requests immediate action:

[________________________________]
[________________________________]

Emergency Relief Sought:

☐ Immediate suspension of Personal Representative's powers
☐ Appointment of Special Administrator
☐ Restraining order to prevent dissipation of assets
☐ Order to freeze estate bank accounts
☐ Order requiring immediate accounting
☐ Other: [________________________________]

IX. SUCCESSOR PERSONAL REPRESENTATIVE

☐ Petitioner requests the Court appoint a successor Personal Representative.

Proposed Successor:

Name: [________________________________]
Address: [________________________________]
Relationship to Decedent: [________________________________]
Qualifications: [________________________________]

☐ The proposed successor has priority under the Will or state law.

☐ Petitioner requests the Court appoint a professional fiduciary.

☐ Petitioner requests the Court appoint a Special Administrator pending appointment of a successor.

X. REQUESTS

Petitioner respectfully requests that this Court:

☐ Remove [PERSONAL REPRESENTATIVE NAME] as Personal Representative of this estate

☐ Suspend the powers of the Personal Representative pending hearing

☐ Appoint a Special Administrator pending resolution

☐ Appoint [NAME] as successor Personal Representative

☐ Order an accounting of all estate transactions during the Personal Representative's tenure

☐ Surcharge the Personal Representative for losses caused to the estate

☐ Revoke the Personal Representative's Letters

☐ Forfeit the Personal Representative's compensation

☐ Order the Personal Representative to return all estate property in their possession

☐ Notify the surety of this Petition and potential claim against the bond

☐ Award costs and attorney's fees to Petitioner

☐ Other relief: [________________________________]

XI. VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of [STATE] that:

1. I am the Petitioner in this matter.

2. I have read this Petition and know its contents.

3. The matters stated herein are true to my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

4. I have standing to file this Petition.

5. This Petition is filed in good faith and for cause.

Executed on [DATE] at [CITY], [STATE].

_________________________________
Petitioner Signature

_________________________________
Printed Name

NOTICE OF HEARING

☐ A hearing on this Petition is requested.

Requested Hearing Date: [__/__/____]

☐ Petitioner requests an expedited hearing due to urgency.

ATTACHMENTS

☐ Copy of Letters [Testamentary/of Administration]
☐ Copy of Will
☐ Inventory and Appraisal
☐ Accountings filed (if any)
☐ Correspondence with Personal Representative
☐ Bank statements showing misconduct
☐ Documentation of losses
☐ Affidavits/declarations of witnesses
☐ Prior court orders
☐ Proof of demand made on Personal Representative
☐ Proposed successor's consent to serve
☐ Other: [________________________________]

PROOF OF SERVICE

This Petition is being served on:

END OF PETITION FOR REMOVAL