The short answer is yes, but it’s not simple. You can’t just decide you don’t like how your brother’s handling Dad’s estate and expect a judge to replace him. Montana courts require legitimate grounds before they’ll intervene. At Silverman Law Office, PLLC, we’ve represented families on both sides of these disputes. Sometimes an executor truly is mismanaging things. Other times, beneficiaries are just impatient with how long probate takes. Judges understand that swapping executors midstream creates problems. Delays, confusion, additional costs. So they won’t do it without good reason.
Legal Grounds For Removing An Executor
You might have grounds if the executor is:
- Mismanaging estate assets or wasting them
- Refusing to file the required documents with the court
- Operating under a conflict of interest
- Being dishonest about estate finances
- Too sick or incapacitated to handle the job
- Ignoring what they will actually say
However, general frustration doesn’t count. You need evidence. Real, documented problems that show the executor isn’t doing their job properly or is actively harming the estate.
Who Can Request Removal
Not just anyone can walk into court and demand a new executor. Beneficiaries named in the will have the strongest case. You’ve got skin in the game, and courts recognize that. Creditors with legitimate claims can also petition for removal, though they’ll need to show how the executor’s conduct is directly affecting their ability to collect. A Kalispell probate lawyer can review your situation and tell you honestly whether you’ve got the legal right to bring this challenge.
The Removal Process
It starts with filing a formal petition in the Montana district court handling the probate case. You’ll need to spell out exactly why the executor should be removed, with documentation backing up what you’re saying. The court schedules a hearing. Both sides present their case. The executor gets to defend themselves. They can explain why they made certain decisions or why things have taken longer than expected. Judges listen to all of it before making a decision.
If the court agrees there’s sufficient cause, it’ll remove the executor and appoint someone else. Maybe that’s an alternate executor named in the will. It could be another family member. In contentious situations, judges sometimes appoint a neutral third-party administrator.
What Happens After Removal
The removed executor has to hand everything over. All estate property, financial records, account information, everything. They’ll probably need to file a full accounting showing what they did with estate assets.
If there was actual misconduct, courts can order the removed executor to repay money they shouldn’t have taken or compensate the estate for losses their mismanagement caused. We’ve seen executors end up personally liable for tens of thousands of dollars. A Kalispell probate lawyer can help you pursue these additional remedies if they’re warranted.
Alternatives To Removal
If the executor realizes they’re in over their head, they can resign voluntarily. This happens more often than you’d think and avoids the cost and conflict of a removal proceeding.
Mediation works in some situations, too. A lot of disputes come down to poor communication. A mediator can help establish better accountability without court fights. But if there’s genuine misconduct happening? Mediation won’t fix that.
These cases require careful preparation because Montana courts prefer not to remove executors unless they have to. Your evidence needs to be solid. We work with families throughout Montana dealing with these issues. Whether you’re watching an executor make questionable decisions or you’re serving as executor facing a removal petition, understanding what the law allows makes a significant difference. Contact our firm and we’ll walk through what’s happening in your specific situation.