When a loved one passes away, the last thing you need is added stress from someone mishandling their estate. But it happens. A trustee or executor (also known as a personal representative) might delay distributions, fail to communicate, mismanage assets, or even act dishonestly. If you’re in this position, know that you’re not alone, and more importantly, you have options. You can remove a trustee or executor in California by negotiating their exit or asking the court to remove them. We can show you how.
At Geremia & Cullen, PC, our experienced and top-rated team helps grieving families find clarity and justice. Our clients are our top priority. We listen to your story, answer your questions quickly, and take proactive steps to protect your rights and your loved one’s legacy. We can walk you through your legal options with compassion and explain the process in simple, straightforward terms.
What Are Trustee and Executor Obligations?
Before we talk about grounds to remove a trustee or executor, you should understand their responsibilities under California law.
Executors (Wills and Probate Estates)
An executor or personal representative manages a deceased person’s probate estate. Their typical duties include:
- Filing the will and opening probate,
- Notifying heirs and creditors about the estate administration,
- Taking an inventory of the estate and having assets appraised,
- Managing estate assets responsibly,
- Paying debts and taxes, and
- Distributing estate assets according to the will or law.
Executors are held to a fiduciary standard, meaning they must act in the best interest of the involved parties.
Trustees (Trust Estates)
A trustee manages assets held in a trust and must follow instructions established by the trust document. Trustee duties include:
- Administering the trust prudently and in the interest of the beneficiaries,
- Communicating with beneficiaries,
- Providing accountings,
- Avoiding conflicts of interest, and
- Distributing trust property appropriately.
Like executors, trustees must act with honesty, loyalty, and diligence.
Trustees and executors have big roles to fill. So what happens if they don’t or can’t meet their obligations? The law provides tools for removal.
Grounds for Removal of an Executor or a Trustee
You can remove an executor or trustee when they fail to comply with their legal obligations or refuse to continue in their role. Aside from a flat-out refusal to take on trustee or executor responsibilities, common reasons to remove an executor or trustee include:
- No communication or long delays in responding,
- Failure to provide a copy of the will or trust,
- Missing deadlines like filing probate or providing accountings,
- Self-dealing (benefiting themselves at the estate’s expense),
- Neglecting property or making poor investment decisions, and
- Unreasonably refusing to make distributions.
Fortunately, California law allows beneficiaries to take action.
How to Remove a Trustee or Executor in California
Removing a trustee or executor isn’t always easy, but it can be done. At Geremia & Cullen, we start the process by listening to you. We can help you gather the facts, assess your options, and decide on the best path forward.
1. Start with Communication
Sometimes, a conversation or a sternly worded letter from your attorney can prompt action. If the executor or trustee is overwhelmed or unaware of their duties, a good talk may be enough to turn things around.
If the executor or trustee doesn’t feel up to the task, they can remove themselves from their position. Trustees can remove themselves by following the trust document’s terms, with the consent of the beneficiaries or the person with power to revoke the trust, or by seeking a court order. Executors can resign and allow the court to choose a new executor according to the law.
2. Attempt Informal Resolution or Mediation
We often recommend resolving issues without going straight to court. Mediation—a process where the parties meet with a neutral third party to hash out their issues—can be a productive way to reach a solution and avoid litigation. We can help you present your best arguments in mediation and negotiate an enforceable agreement to end a trustee or executor dispute.
3. Petition the Court for Removal
If an executor’s or a trustee’s misconduct is serious or ongoing, we can help you file a petition to remove them. The petition is a formal legal action filed in the probate court.
How Long Does It Take to Remove an Executor or Trustee?
The timeline depends on the facts and the court’s calendar. A removal could take weeks or months, but we can develop a strategy for you that helps obtain the quickest and best results for your circumstances.
The trustee or executor isn’t following through—now what?
You deserve clear answers and fair treatment. We’re here to help you step in when a trustee or executor isn’t doing their part.
What Happens After Removal?
Once an executor or trustee is removed, the court appoints a successor; typically someone named in the will or trust or authorized under the law. From there, the new fiduciary can get the estate or trust back on track. In some cases, you may also recover damages or force the former trustee or executor to return misappropriated assets.
Our goal isn’t just to remove the wrongdoer. It’s to resolve the entire matter as efficiently and fairly as possible, so you can stop worrying and start healing.
We Can Give You Answers and Action
You shouldn’t have to deal with incompetence, dishonesty, or delay—especially during a time of grief. If you’re wondering how to remove a trustee or executor in California, Geremia & Cullen is here to help.
We’re a team of top-level estate and trust attorneys with a track record of success and satisfied clients. We listen to your concerns and explain your options. Our team acts to protect your rights and your loved one’s legacy. If you’re ready to speak with someone who understands what you’re going through and knows how to help, contact us online or by phone today. We’re here and we’re ready when you are.
Resources:
- Notice to creditors, Cal. Prob. Code § 9050 (1997), link.
- Executor breach of fiduciary duty, Cal. Prob. Code § 9601 (1990), link.
- Trustee duty to administer according to trust, Cal. Prob. Code § 16000 (1990), link.
- Trustee duty to administer in beneficiaries’ interest, Cal. Prob. Code § 16002 (1990), link.
- Trustee conflict of interest, Cal. Prob. Code § 16005 (1990), link.
- Duty to make trust productive, Cal. Prob. Code § 16007 (1990), link.
- Duty to keep trust beneficiaries informed, Cal. Prob. Code § 16060 (1990), link.
- Duty to give trust beneficiaries an accounting, Cal. Prob. Code § 16062 (2017), link.
