Removing Executor from Probate

probate law attorney Logan Utah

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.


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.


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.

Free consultation from one of the best Law Firms

If you have questions, you can get a free consultation with the Best Probate Lawyers.

Parklin Law – Probate Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
Parklin Law Official Website
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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.

When you need a Lawyer, contact this law firm:

Parklin Law

5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699

Logan, Utah

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Logan, Utah
Downtown Logan, with courthouse

Downtown Logan, with courthouse

“United in Service”
Location in Cache County and the state of Utah

Location in Cache County and the state of Utah
Coordinates: 41°44′16″N 111°49′51″WCoordinates41°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]

 • Type Mayor-council
 • Mayor Holly H. Daines[2]

 • Total 18.43 sq mi (47.74 km2)
 • Land 17.84 sq mi (46.22 km2)
 • Water 0.59 sq mi (1.52 km2)

4,534 ft (1,382 m)

 • 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
Area code 435
FIPS code 49-45860
GNIS ID 1442849[3]

Logan is a city in Cache CountyUtah, 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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