Can Someone Be Removed as an Executor in Virginia?

An executor is the person associated with the administration of a Virginia estate of a deceased individual during probate. The court can appoint this person named in the will as executor.

In some cases, however, this person is also named as a beneficiary in the will and is an heir to the estate property. In the event that you or another family member and you are concerned that an executor could be abusing their authority, Virginia law does enable you to petition for his removal. It is very important to understand this process as any type of heir in a Virginia estate because this can significantly slow down the process of estate administration.

Good cause for removing a Virginia estate executor can include bankruptcy, death, resignation, self-dealing, failing to perform duties, fraud, gross negligence, and more. If an executor is removed from an estate, Virginia law requires that a successor executor be appointed by the court to replace that person, so long as the successor executor is qualified.

In order for a successor executor to be qualified to serve in the probate of an estate, this person must be a legal adult, mentally competent, and consent to the appointment.

As a person putting together your Virginia estate planning documents, it is important to understand how the selection of your initial executor and successor executor could impact the administration of your estate after you pass away. Schedule a consultation with an experienced Virginia attorney to discuss who should serve in the role of an executor and successor executor.