The executor of an estate holds significant power. They control access to assets, make decisions about property, pay bills, and ultimately determine when beneficiaries receive their inheritance.
When an executor does their job well, probate moves smoothly. When they don’t, the entire process can grind to a halt—or worse, the estate can be mismanaged, depleted, or distributed unfairly.
If you’re a beneficiary dealing with an executor who isn’t doing their job, isn’t communicating, or is actively harming the estate, you have options. California law allows interested parties to petition the court to remove an executor for cause.
Here’s what you need to know.
What Does an Executor Actually Have to Do?
Before we talk about removal, it helps to understand what executors are legally required to do. An executor’s duties include:
- Filing the will with the probate court
- Notifying beneficiaries and heirs of the probate proceeding
- Inventorying and appraising all estate assets
- Notifying creditors and paying valid debts
- Managing estate assets responsibly during probate
- Filing required tax returns
- Keeping accurate records of all transactions
- Communicating with beneficiaries about the estate’s status
- Distributing assets according to the will (or California law if no will exists)
- Acting in the best interests of the estate and all beneficiaries—not just themselves
An executor who fails to fulfill these duties may be subject to removal.
Signs You Might Have a Bad Executor
Not every slow probate means you have a bad executor. Courts are backlogged, estates are complicated, and some delays are unavoidable.
But certain behaviors cross the line:
Lack of communication. The executor won’t return calls, ignores emails, and refuses to provide updates on the estate’s status. Beneficiaries have a right to reasonable information about the probate process.
No progress on the case. Months go by with no court filings, no movement, and no explanation. The estate sits in limbo while the executor does nothing.
Refusal to provide accountings. When asked for a financial accounting of the estate, the executor refuses, deflects, or provides incomplete information.
Self-dealing. The executor is using estate funds for personal benefit, paying themselves excessive fees, or making decisions that favor their own interests over other beneficiaries.
Mismanaging assets. Estate property is falling into disrepair, assets are being sold below market value, or investments are being mishandled.
Conflicts with beneficiaries. The executor has personal conflicts with certain beneficiaries and is using their position to disadvantage those people.
Substance abuse, illness, or incapacity. The person named as executor is no longer capable of handling the responsibility due to health issues, addiction, or cognitive decline.
Criminal activity. The executor is stealing from the estate, forging documents, or engaging in fraud.
If you’re seeing these warning signs, it may be time to consider removal.
Legal Grounds for Removing an Executor in California
California Probate Code Section 8502 lists the grounds for removing a personal representative (executor or administrator). The court may remove an executor who:
- Has wasted, embezzled, mismanaged, or committed fraud on the estate
- Is incapable of properly executing their duties (due to illness, absence, or other reasons)
- Has failed to perform their duties, including failure to file required documents or accountings
- Has excessive or unreasonable compensation claims
- Is subject to removal under any other provision of law
- Had their bond revoked for failure to file required accountings
The key word is “cause.” You can’t remove an executor simply because you don’t like them or disagree with their decisions. You need to demonstrate that they’ve done something—or failed to do something—that justifies removal.
The Process for Removing an Executor
Removing an executor requires a formal court petition. Here’s how it typically works:
Step 1: Document the problems. Before filing, gather evidence of the executor’s failures or misconduct. This might include:
- Emails showing lack of communication
- Records showing no court filings for extended periods
- Evidence of self-dealing or mismanagement
- Witness statements from other beneficiaries
- Financial records showing irregularities
Step 2: Consult with a probate attorney. Removing an executor is a legal proceeding. You’ll want an attorney experienced in California probate litigation to evaluate your case and handle the filing.
Step 3: File a petition for removal. Your attorney will prepare and file a Petition for Removal of Personal Representative with the probate court. The petition must state the specific grounds for removal and include supporting evidence.
Step 4: Serve the executor. The executor must be formally notified of the petition and given an opportunity to respond.
Step 5: Attend the hearing. The court will schedule a hearing where both sides can present their case. You’ll need to prove your allegations; the executor can defend their conduct.
Step 6: Court decision. If the court finds sufficient grounds, it will issue an order removing the executor. The court will then appoint a successor—either someone named in the will, a beneficiary who petitions for the role, or a professional fiduciary.
What Happens After an Executor Is Removed?
Once removed, the former executor must:
- Turn over all estate assets to the successor
- Provide a complete accounting of all actions taken during their tenure
- Return any fees they weren’t entitled to receive
- Potentially face surcharges (financial penalties) for any losses caused by their misconduct
If the removed executor caused financial harm to the estate, beneficiaries may be able to recover damages. In cases involving theft or fraud, criminal prosecution is also possible.
Alternatives to Full Removal
Removing an executor is a significant step. In some cases, there are intermediate options:
Request a court-ordered accounting. If the executor is simply failing to communicate, you can petition the court to compel an accounting. This forces transparency without full removal.
Petition for a co-executor. In some situations, the court may appoint a co-executor to work alongside the existing one—providing oversight without complete removal.
Negotiate a voluntary resignation. Some executors, when faced with a removal petition, will agree to step down voluntarily. This can be faster and less expensive than a contested hearing.
Mediation. If the issues stem from family conflict rather than true misconduct, mediation might resolve the disputes without litigation.
How Long Does Executor Removal Take?
The timeline varies depending on court schedules and whether the executor contests the removal. Generally:
- Uncontested removal (executor agrees to step down): 1-2 months
- Contested removal (executor fights it): 3-6 months or longer
During this time, probate may be delayed further. If the executor is actively harming the estate, your attorney may request emergency orders to protect assets while the removal petition is pending.
The Cost of Removing an Executor
Executor removal proceedings require legal representation, court filings, and potentially a contested hearing. Costs can range from a few thousand dollars for straightforward cases to $20,000+ for heavily contested matters.
The good news: if you successfully remove an executor for misconduct, the court may order the removed executor (or the estate) to pay your legal fees. If the executor wasted estate assets, they may be personally liable for reimbursement.
What If You Need Funds While Dealing With a Bad Executor?
Fighting a bad executor takes time and money—two things beneficiaries often don’t have while waiting for an inheritance that’s locked up in probate.
A probate advance from ProbateLend can help. Even while probate is contested or delayed, you may be able to access a portion of your expected inheritance now. There’s no credit check, no monthly payments, and no personal risk. The advance is repaid from your share of the estate when it eventually distributes.
This can give you the financial breathing room to hire an attorney, cover living expenses, or simply reduce stress while dealing with a difficult probate situation.
The Bottom Line
A bad executor can turn an already difficult process into a nightmare. But you’re not stuck with them.
California law provides clear grounds and procedures for removing an executor who fails to do their job or harms the estate. If you’re dealing with an unresponsive, negligent, or dishonest executor, document the problems, consult with a probate attorney, and consider filing for removal.
And if you need financial help while the situation gets resolved, ProbateLend is here to help California heirs access their inheritance faster. Contact us today to learn more.