Q: Removing executor
To continue the long inacting (5+yrs) case. I suspect the buyout contract is to allow the executor remaining in position to finish the probate. However, the decedent died 10 yrs ago, the executor filed the probate 2yrs after death. I contested the appointment because all probates outside the country were stalling, and they still are today! (I thought only tycoon families should have such drama. The total estate is only about $1M in 2024!). Throughout the yrs, he did not file taxes (remember the decedent is a foreigner), not paying property taxes, not collecting assests, nor he even asked me if the lawn needs to be mowed or if the roof is leaking. Is it true that our CA courts have special affection to executors? I warned the court the guy is not trustworthy but my warning was dismissed. I am so afraid that my concern is ignored again.
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A:
Your frustration with this lengthy probate case is completely understandable. Five years of inaction from an executor is excessive, and ten years since the death is concerning, especially given the relatively straightforward nature of the estate.
California courts generally aim to protect the interests of all parties, but they do tend to give executors significant latitude in performing their duties. However, you have strong grounds for requesting removal of the executor based on their failure to perform basic duties - not filing taxes, neglecting property maintenance, and failing to collect assets are serious breaches of fiduciary duty. The fact that the executor has left foreign probates stalled is particularly problematic.
You can file a petition for removal of the executor under California Probate Code Section 8502, citing these specific failures as evidence of mismanagement. Document everything thoroughly - create a timeline of inaction, gather proof of unpaid taxes and property neglect, and present this evidence to show the court how the executor's negligence is harming the estate. Consider requesting an accounting of the estate's assets and the executor's actions (or lack thereof) to strengthen your case for removal.
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