When a person files a petition to probate court to have a person removed as executor, is that person,(the executor) in court too

When we go to court to prove our case against the executor and have him removed, will he also be there? Does he get notified, or what? What I want to know is if we show what we have against him does he get to defend himself right then and there?
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Answers (2)

Janet Lee Brewer

Janet Lee Brewer Avvo Pro

Contributor Level 7
Yes, if you want an executor removed, the executor needs to be notified. Usually there are several hearings before either side gets to present their evidence to the Judge. If you are trying to do this yourself, you are probably in over your head and need to hire a competent probate litigator to assist you.

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Henry Daniel Lively

Henry Daniel Lively

Contributor Level 7
Yes, the executor will have to be noticed in a timely manner and have the right to appear in court. You will need an attorney to represent you if you don't already.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this posting provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this posting cannot be used to eliminate penalties with the IRS or any other governmental agency.
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