Choosing an executor for your estate is a huge decision. You will probably take a lot of time and put a large amount of thought into making your choice.
The idea that the court could remove and replace your executor may seem upsetting, but you can relax. The Ohio Revised Code explains the removal of an executor by the court only happens in specific situations where the court deems it is best for your estate.
Unresolved claims
The court may remove your executor if it feels that unresolved claims could lead to litigation or other issues. These might include issues with the estate administrator or other people associated with the estate. Generally, you can expect that any removal of an executor by the court for unresolved claims will be on the basis that not removing the executor will slow down the probate process.
Motions
Your family can make a motion to remove an executor. However, there are some rules in place. They will help to ensure the executor removal is only for a legitimate reason. Any motion by a family member to remove an executor is only valid if the executor refuses to file a wrongful death claim on behalf of your estate when the court believes there is a good reason for filing such a case.
As you can see, the court will not remove an executor for just any reason. There must be a good basis for the removal that puts your estate in jeopardy of issues or needlessly lengthening the probate process. So, any removal of an executor by the court will be in your best interests.
