Sample Petition to Remove Executor of an Estate New York


After the death of any person, conflicts may arise from time to time between his heirs. Many inheritance issues, such as the sharing of assets, the unfairness of sharing among valuable assets, are the issues that preoccupy family courts the most. One of the issues of sharing the inheritance is the real estate sharing conflict between the parties. One of the parties wants to remove the other heir from being the executor of an estate.  However, this is not an easy process. The first thing the requesting party should do is to file a petition to remove executor of an estate. If you live in New York, this petition means your Sample Petition to Remove Executor of an Estate New York.

How to Remove an Executor of an Estate?

Choosing for court is much easier if the deceased wrote his will and got it approved before he died. Because the NY Surrogate’s Court gives great importance to the will of the deceased. Courts constantly want to see with evidence and witnesses that a testator has the right to determine who is best suited to administer his estate.

Petition to Remove Executor New York

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The filing and submission of certain official papers in America’s courts differs between states. Petitions submitted to the courts are one of these official documents. If you want Remove Executor New York in New York courts, your petition must comply with the courts in that state. You can download theSample Petition to Remove Executor of an Estate New York under this title and fill it in with your own information.

How to File the Petition to Remove Executor New York

As in all petitions, you should use a simple and understandable language in this type of petition. You must fill in the information requested in the form completely and accurately. For any inaccuracy, the court may accuse you of trying to mislead him.

The petition examples we shar above is good for you. Download them and fill in according to your own information. If you have never filed a petition to remove executor before, seek help from an attorney or someone with experience.

Can you legally remove an executor from a will?

Generally, courts can dismiss a executor only if the beneficiaries can prove the following reasons. Some examples of a fiduciary’s conduct that may warrant removal are as follows:

Wasteful litigation
Substance abuse
Felony Conviction
Failure to file an Accounting
Conflict of interest
Failing to comply with court orders
Making false statements
Hostility between the parties

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