Removing Or Passing Over An Executor And Administrator From The Estate

A person with an interest in the estate can apply to remove an administrator or executor of an estate.¹ Most often, this is a beneficiary who is concerned that the estate is not being managed properly or fairly.

Sometimes the reason for removing the personal representative from the estate is simply because they lack capacity to continue acting. In other, often more contentious matters, the personal representative may be failing to administer or settle the estate in a timely manner or may be doing so in a manner that is not reasonable or prudent. In some cases, removal is necessary because it is ultimately in the best interests of the persons interested in the estate.

Courts do not lightly remove an executor, as doing so overrides the will‑maker's choice.