Legal Question in Wills and Trusts in California

Can an Administrator be removed? If so, what is the process?


Asked on 11/12/09, 9:54 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You would have to file a petition with the probate court, and provide a declaration as to the reasons why you want the administrator removed.

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Answered on 11/17/09, 10:11 pm
Aaron Feldman Feldman Law Group

To add to the previous answer, to remove an administrator requires a showing of good cause. The burden of proof would be on you to demonstrate that the administrator is somehow unfit, that they are not performing their duties and/or that they have engaged in affirmative misconduct. It is a fairly high standard and court's do not want to see such petitions presented to air trivial grievances. I strongly urge you to consult with an attorney to determine if the administrator in your case falls within any category giving justification to seek removal.

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Answered on 11/18/09, 11:04 am


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