Q: Are we able to petition a court to change the executor named in my Dad's will?
A: The short answer is yes. Depending on where you are in the probate process, you may be able to get an agreement by the heirs and nominated executor to have someone else appointed. Usually, the court will accept such an agreement and make the appointment accordingly. If no such agreement is possible, then you can petition the court to make the change.
A: Yes. If the named executor/personal representative is unavailable or unfit the court can appoint another person to serve in this capacity. This is something that you would want to address when opening the probate of your Dad's estate. If the estate has already been opened, you can request the court to remove an executor/personal representative for good cause and appoint another.
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