Can an executor be removed if they are not moving the settlement forward?

Asked over 1 year ago - Arvada, CO

Probate in Colorado. Date of death April 2012. Filing with court was not made until Sept 2012. Executor has not done anything to liquidate investments. Executor is not trusted by family members. Two executors were named in the will, but current executor has taken charge & it is understood that under Colorado law, there is only one executor.

Attorney answers (5)

  1. Christopher Daniel Leroi

    Pro

    Contributor Level 20

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    Answered . Yes. But I would advise you that it is not uncommon for a probate to take a year from beginning to end. I would contact my colleague and probate specialist, David Rich, in Boulder about this. He is close to you geographically and knows this field well. He can tell you about the personal representative's (executor's) duties - filing an inventory, interim accounting, etc. I am in the process of trying to move a PR in a case in your are right now and it is a total mess and very expensive. So, talk with David first and set up an initial consultation. Good luck

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  2. Thomas J. West

    Pro

    Contributor Level 8

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    1

    Answered . You can petition the court to remove an executor, but probate does typically take 9 months - 2 years.

    Some wills contain ad terrorem or no contest clauses which prevent anyone who challenges a will from inheriting under the will so be careful as not to give up you rights under the will.

    You should contact an attorney to evaluate the situation and circumstances more thoroughly before moving forward.

  3. James P. Frederick

    Contributor Level 20

    7

    Lawyers agree

    Answered . You can certainly petition the court to remove the executor for failure to administer the estate. You would be much more likely to have success if you have an attorney assist you with this process.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  4. Michael A Kirtland

    Pro

    Contributor Level 13

    5

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    Answered . Probate in Colorado does NOT typically take up to 2 years. However, if the estate was not even opened until September, 2012, then you haven't even completed the 4 month creditor claims period, and I'm not suprised the personal representative has not liquidated the investments.

    I don't really understand your final sentence. Under Colorado law if there are two personal representatives named in the will, then they would both be co-personal representatives and both liable for completing the probate process. It is possible one declined to serve. It is also possible you are minreading the will, and one person was named as personal representative with the other listed as alternate or successor personal representative, in which case you only have one personal representative.

  5. Adam James O'Rourke

    Contributor Level 5

    3

    Lawyers agree

    Answered . I agree with Mr. Kirkland that the probate process can be expedited by the personal representative, subject to required claim periods. If there are two PRs at this time, it may be more advantageous to have the second get involved to move the estate forward. If there is a conflict between the PRs or the second does not want to be involved then you can certainly find a better way to deal with the active PR. They have a duty to act expeditiously within the estate. A local estate attorney could advise you on the appropriate speed of probate.

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