During the probate process, the executor will handle many of the important duties concerning the estate. If you feel the person handling your parent’s estate is not doing the job properly or has committed some negative action against the state, then you may be able to request the court removes him or her from the position.
According to the Ohio Revised Code, there are some specific triggers that must occur for the court to remove an executor.
Lack of action
If the executor refuses to take action in some instances, this could be grounds for removal. For example, if your family wishes to bring a wrongful death claim for your parent but the executor refuses, the court can use this as a ground for the removal.
Unsettled issues
If the executor is not managing the estate properly or not completing required actions, the court may remove him or her. The court does need to have a concern that the actions of the executor to not resolve issues could lead to litigation.
You should note that the removal of an executor is not something that happens often. The court assumes the appointment of the executor was something the deceased took time and care to do. It does not want to speak for the deceased or go against his or her wishes. Therefore, the court takes executor removal seriously and requires you to provide proof of his or her wrongdoing under the law. If you can prove your claims, the court will carefully consider the evidence before making a final decision.
