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how do I remove an executor?

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dayahna1

Junior Member
What is the name of your state (only U.S. law)? California

My grandfather passed away nearly 4 years ago. He left a will and a living trust. His executor, however, has done nothing. The will stipulates that my grandfather's property was to be sold immediately upon his death. How do I proceed? Can I have the executor removed and petition to be appointed myself? How do I do that?What is the name of your state (only U.S. law)?
 


dayahna1

Junior Member
Nobody has opened probate, but my understanding is that, because he has a revocable trust, probate isn't necessary.
 

justalayman

Senior Member
if probate isn't required, then who cares who the executor is? An executor deals with the probate.

Apparently you don't understand what is going on. You stated there was a directive in the will to sell the house. That is an action to be taken under probate, or some form or administration. Just because there is a trust doesn't mean probate isn't also required. They are two separate things.
 

dayahna1

Junior Member
In the trust, my grandfather is listed as both the trustee and the trustor. I did not realize the estate would still need to go through probate. As another family member, can I do that or do I have to depend on the executor to do it?
 

anteater

Senior Member
Let's do a reset here...

The terms of the trust would control the disposition of assets that are titled in the name of the trust. The trust should have someone designated as a successor trustee.

If that successor trustee is not properly administering the trust and/or abiding by the terms of the trust, then you can petition the probate court to order the successor trustee to act and/or to remove the successor trustee.

Assets that were not part of the trust would have to be administered through a probate proceeding in which the will would be submitted for probate and an executor/personal representative appointed to administer the probate estate. (California does have an affidavit procedure, for estates with a value of $100,000 or less, that avoids a full probate.)

Therefore, your first task is to try to find what assets your grandfather left and if the assets were part of the trust.

And, yes, if probate is necessary, then you can petition the court to open probate and ask to be appointed to administer the probate estate.
 

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