Our family is trying to have our brother removed as executor of her will due to his criminal history. Our mother was going to replace him but died before she could do it.
In many instances a fiduciary is required to be represented by an attorney. It is very unlikely that a non-attorney could successfully navigate through the probate process, at least not without many mistakes, delays and a great deal of frustration. The probate process is governed by numerous laws and rules that would be too much for a lay person to learn and sufficiently grasp. I highly suggest you consult directly with an attorney.
There is no "self help" form. You need to file a petition with the probate court stating your reasons. If the petition is granted the court will appoint a new executor. You really should consult with a probate lawyer -- it can get complicated.
DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.
I agree with my colleagues. Probate is not a do-it-yourself project. Attorney fees are based on the size of the estate (see link below). However, if you wish to read more, I am attaching a link to the Sonoma County Probate Division webpage.
Unless you are a client of Yuan Law Firm, APC, under a current and signed representation agreement, you should not rely upon any information provided in this Q&A as legal advice. There is no attorney-client relationship between you and the attorney or the law firm. Circular 230 Advice: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
No self help form available. Suggest you get an attorney and the attorney fees will be paid from the estate at the close of probating the Will.
No. I am not aware of "self-help" form to remove executor.
You may file objections to appointment in probate matter.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline