When Can an Executor (Personal Representative) Be Removed in Colorado?

Short answer: In Colorado, an executor (called a personal representative in the statutes) can be removed by the probate court when the court finds cause — typically for incapacity, misconduct, neglect of duties, conflicts of interest, failure to account, or other actions that harm the estate or beneficiaries. Removal is done by petition from an interested person and after notice and a hearing before the court.

Detailed Answer — How removal works under Colorado law

This section explains the legal framework, common grounds for removal, who may ask the court to remove a personal representative, and the court’s possible remedies. This is an educational overview only and not legal advice.

Key legal framework

Colorado’s probate and estate administration rules are in the Colorado Revised Statutes (Title 15). The statute provisions that govern the duties, powers, and supervision of a personal representative give the probate court authority to supervise and, when appropriate, remove a personal representative to protect estate assets and the interests of beneficiaries. For the official text of Colorado’s probate statutes, see the Colorado Revised Statutes, Title 15: https://leg.colorado.gov/content/revised-statutes and the consolidated Title 15 PDF: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-15.pdf. For practical court information about probate forms and procedures, see the Colorado Judicial Branch probate pages: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=36.

Who can ask for removal?

Interested persons — typically beneficiaries, heirs, creditors, or co-personal representatives — can file a petition asking the probate court to remove the personal representative.
The court may also act on its own motion if it becomes aware of misconduct or problems that threaten the estate.

Common grounds for removal

While Colorado statutes describe the court’s supervisory authority, common factual bases the court considers include:

Incapacity or incompetence: The personal representative is physically or mentally unable to perform duties.
Misconduct or dishonesty: Misappropriation, theft, self-dealing, or converting estate assets for personal use.
Neglect or failure to act: Failing to collect assets, pay required bills or taxes, pursue claims, or otherwise administer the estate in a timely manner.
Conflict of interest / breach of fiduciary duty: Acting in a way that benefits the representative at the expense of beneficiaries without court approval.
Failure to account or provide information: Refusal to give required accountings, inventories, or respond to beneficiary requests.
Criminal conviction or other serious misconduct: Conviction of a crime that makes the person unfit to serve.
Loss of bond or inability to post bond: If the law or the court requires a bond and the representative cannot obtain it.

Procedural steps

Filing a petition: An interested person files a petition with the probate court asking that the personal representative be removed and stating the grounds.
Notice: The representative and other interested parties must receive notice of the petition and hearing.
Hearing: The court holds a hearing where evidence is presented. The petitioner must show cause for removal by the applicable standard the court applies.
Court decision: If the court finds removal appropriate, it can remove the personal representative and may appoint a successor personal representative, authorize a temporary administrator, limit the representative’s powers, require bonding, order an accounting, or impose surcharges and other remedies to protect the estate.

Possible outcomes and remedies

Removal and appointment of a successor personal representative.
Restriction of powers (for example, requiring court approval for certain actions).
Order to provide a full accounting of estate assets and transactions.
Monetary remedies (surcharge or restitution) if the representative misused estate assets.
Requirement to post a bond or other security where appropriate.

Practical examples (hypothetical)

Example 1: Beneficiary files a petition after the personal representative fails for 18 months to locate estate bank accounts, pay taxes, or file an inventory. The court may order an accounting and, if neglect persists, remove and appoint a successor.

Example 2: The personal representative used estate funds to pay personal debts without approval. The court can remove the representative, order repayment, and impose a surcharge.

Timing and cost considerations

Petitions for removal can prolong estate administration and increase costs. Courts weigh whether removal serves the estate’s best interests versus the disruption of changing administrators. Many disputes resolve through negotiated accounting, limitations on authority, or settlement rather than full removal.

Helpful Hints

Document concerns: Keep clear written records of missed deadlines, missing accountings, or suspected misuses of funds before filing a petition.
Talk to other interested persons: Co-heirs and beneficiaries often share the same concerns; coordinated petitions have more weight and spread costs.
Request an accounting first: Courts often require an accounting; asking for an inventory/accounting can sometimes resolve problems without removal.
Consider temporary relief: If estate assets are at immediate risk, ask the court for temporary removal or limitation while the case proceeds.
Get professional advice: An attorney experienced in Colorado probate can evaluate the strength of removal grounds, prepare pleadings, and present evidence at hearings.
Be mindful of costs: Court petitions, attorney fees, and expert reports increase estate expenses; weigh likely benefit against added cost.
Check statutes and local rules: Probate procedure and forms vary by county; review the Colorado Revised Statutes (Title 15) and local court rules before filing. See: Colorado Revised Statutes and the Colorado Judicial Branch probate information: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=36.

Disclaimer: This article is for general educational purposes only and does not provide legal advice. It is not a substitute for advice from a licensed attorney who can consider the specific facts and local court rules. If you are considering a petition to remove a personal representative in Colorado, consult a Colorado probate attorney.