Probate is meant to bring closure, not conflict. An executor holds significant power during probate. When that power is misused or neglected, beneficiaries are often left feeling stuck and unsure of their options. Probate courts do not take executor misconduct lightly, but removal is not automatic. Knowing when the law allows a judge to remove an executor can help beneficiaries take informed action rather than waiting for problems to worsen.

What Does an Executor Do

An executor is the individual responsible for the distribution of a deceased person’s estate. It is a significant responsibility that should be handled with care and seriousness. The executor is responsible for filing a probate petition, submitting the will, inventorying assets, paying creditors, and distributing assets. The executor has a fiduciary duty to act in the best interest of the estate. In Oklahoma, executors are also required to regularly report to the probate court.

Can You Remove an Executor in a Probate Case?

Yes, an executor can be removed before or during probate. However, the court will do so only if there is just legal cause.

Grounds for Removing an Executor

You must have legal grounds for requesting the removal of an executor. It isn’t enough to be unhappy with the executor’s actions or disagree with the best approach for distributing the deceased’s estate. Oklahoma probate law recognizes several reasons for justifying the removal of an executor.

• Incompetence or negligence
• Estate mismanagement
• Failing to follow the will
• Incapacity or death
• Disqualification
• Legal issues (criminal activity or bankruptcy)
• Refusal to serve as executor
• Misconduct or breach of fiduciary duty

While this isn’t a complete list, it provides guidance on the types of reasons that the probate court recognizes. They center around the executor being unable or unwilling to perform their role. They also recognize an executor’s misconduct that directly impacts the distribution of the estate.

The Legal Process for Removing an Executor in Oklahoma

The removal of an executor is not automatic. If an interested party believes that an executor should be removed, the first step is to identify a legally proper reason for removal. Collect evidence to support your position for replacing the executor. Documentation could be communication records, financial statements, or witness statements. The goal is to provide evidence to support your request, so it isn’t simply your word against theirs. Take the next step by filing a petition with the court. A probate attorney can help you prepare and submit the petition. Include a request to replace the executor and the reasons why you are requesting it. If appropriate, you may also want to suggest an individual to serve as the replacement executor. As with other legal actions, all interested parties must be notified. This includes beneficiaries, creditors, and the current executor. The court will then set a hearing date and give notice of such to all parties. That way, everyone has an opportunity to respond to the petitioner’s claims.

At the hearing, all interested parties may attend. The petitioner will have an opportunity to present their arguments, present evidence, and submit witness testimony. Once you complete your demonstration on why the executor is unfit, the executor will have an opportunity to respond. They may present their own evidence to support their perspective on the situation. The judge overseeing the hearing will consider the evidence and how Oklahoma probate law applies. If the judge finds sufficient grounds for removal, the judge will rule in favor of the petitioner. If not, they will rule in favor of the executor.

Who Can Petition for Removal?

Not just anyone can file to remove an executor. It must be an interested party. These are individuals who are named beneficiaries of the will or someone who is directly impacted by the executor’s distribution of the estate. Creditors may also petition for removal.

What Happens After Removal

Once a judge rules in favor of the petitioner, the current executor will be removed from their position. The court will issue a ruling that names the next executor. If appropriate, the judge may follow what’s stated in the will. Sometimes people name alternative executors in their wills. If the will does not name an alternate or the deceased did not have a will, the court will follow probate procedure to name someone. If the petitioner named a suggested replacement executor, the court will consider that person. Depending on the reason for removal, an executor could be legally liable for actions taken in that role. Fraud, theft, and embezzlement are all crimes for which the executor could be charged. Actions that are not criminal but still harm the estate can also create liability.

Seek Legal Help

Removing an executor is not about personal disagreement or impatience with the probate process. Oklahoma courts allow an executor to be removed only when serious issues arise, such as misconduct, neglect, or inability to perform required duties. The attorneys at Titus Hillis understand how disruptive executor misconduct can be for families and beneficiaries. Their probate team helps clients evaluate whether removal is appropriate and guides them through each step of the court process. If you believe an executor is jeopardizing an estate, contact Titus Hillis to discuss your options and protect your interests.