Reasons For Removing an Executor From Probate
Several reasons exist for the court to remove an executor from probate. These include misconduct, incompetence, and failure to comply with the terms of the will. These grounds must be proven to the court’s satisfaction.
Executor
Self-dealing in estate property is another reason for the court to remove an executor. In this case, the executor may sell the property for a higher price than it should have been sold for.
The executor’s statutory duties are to safeguard the assets of the estate and to distribute the estate assets to the beneficiaries. They must submit an inventory of the assets to the probate court. The court will determine whether or not the executor has performed his or her statutory duties and will review any affidavits or other evidence submitted.
Personal representative
The personal representative of an estate has a duty to act independently and to do so in the best interest of the estate. The personal representative can be a beneficiary or a creditor. The creditor is usually an individual who has an interest in the will.
Beneficiary
A beneficiary can petition the probate court for the removal of an executor. The beneficiary must present evidence of incompetence to the court. He or she must also gather testimonies and documents that prove the incompetence.
Judicial Decision
An executor who is unable to do his or her job due to substance abuse, mental illness, or other problems is also eligible for removal. The court will consider the welfare of the beneficiaries and will only remove the personal representative when it is necessary.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
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Logan, Utah
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Logan, Utah
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City
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Downtown Logan, with courthouse
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| Motto:
“United in Service”
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Location in Cache County and the state of Utah
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| Coordinates: 41°44′16″N 111°49′51″WCoordinates: 41°44′16″N 111°49′51″W | |
| Country | United States |
| State | Utah |
| County | Cache |
| Founded | 1859 |
| Incorporated | January 17, 1866 |
| Named for | Ephraim Logan[1] |
| Government
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| • Type | Mayor-council |
| • Mayor | Holly H. Daines[2] |
| Area
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| • Total | 18.43 sq mi (47.74 km2) |
| • Land | 17.84 sq mi (46.22 km2) |
| • Water | 0.59 sq mi (1.52 km2) |
| Elevation | 4,534 ft (1,382 m) |
| Population | |
| • Total | 52,778 |
| • Density | 2,957.5/sq mi (1,141.89/km2) |
| Time zone | UTC−7 (Mountain (MST)) |
| • Summer (DST) | UTC−6 (MDT) |
| ZIP Codes |
84321-84323, 84341
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| Area code | 435 |
| FIPS code | 49-45860 |
| GNIS ID | 1442849[3] |
| Website | www |
Logan is a city in Cache County, Utah, United States. The 2020 census recorded the population was 52,778.[4][5] By 2050 the population of Logan is expected to double.[6] Logan is the county seat of Cache County[7] and the principal city of the Logan metropolitan area, which includes Cache County and Franklin County, Idaho. The Logan metropolitan area contained 125,442 people as of the 2010 census[8][9] and was declared by Morgan Quitno in 2005 and 2007 to be the safest in the United States in those years.[10] Logan also is the location of the main campus of Utah State University.
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