When can an executor (personal representative) be removed in Georgia?

Short answer: In Georgia a court can remove an executor (often called a personal representative) if the executor fails to perform fiduciary duties, is incompetent or incapacitated, engages in fraud or self-dealing, mismanages or wastes estate assets, refuses to account, is convicted of certain crimes, or otherwise acts in a way that harms the estate or its beneficiaries. Removal requires a petition to the probate court where the estate is being administered, notice to interested parties, and a court hearing.

Detailed answer — grounds for removal and the process under Georgia law

This explanation assumes no prior knowledge. In Georgia, the person appointed by the probate court to handle a decedent’s estate is charged with fiduciary duties: collect assets, preserve value, pay valid debts and taxes, file inventory and accounts, and distribute the remainder according to the will (or law if no will). When a personal representative substantially fails in those duties, the probate court has the power to intervene, including removing and replacing the representative.

Common legal grounds for removal

Breach of fiduciary duty: dishonesty, self-dealing, converting estate property, or placing personal interests above the estate.
Mismanagement or waste: careless or reckless administration that reduces estate value (e.g., failing to insure or secure assets, losing business value, unnecessary expenditures).
Failure to account or to file required reports: not filing an inventory, not providing periodic accountings to the court or beneficiaries, or refusing to produce records.
Incapacity or disability: physical or mental inability to manage estate affairs.
Neglect or refusal to serve: persistent refusal or neglect to perform duties.
Criminal conviction: conviction for crimes involving dishonesty or moral turpitude may justify removal.
Conflict of interest: transactions that improperly benefit the representative or their close associates.
Failure to post bond (when required): if the court required a bond and the representative did not post it, the court may remove them.

Who can ask the court to remove an executor?

Interested persons can petition the probate court. That typically includes heirs, beneficiaries named in the will, creditors with standing, and sometimes co-executors. The petitioner files a motion or petition setting out the facts and requests a hearing.

How the removal process works

File a petition: The petitioner files a petition for removal in the probate court handling the estate.
Notice: The court typically requires notice to the personal representative, beneficiaries, and other interested parties so they can respond.
Temporary relief: If the petitioner shows immediate danger (risk of loss or dissipation of assets), the court can temporarily suspend or limit the representative’s powers and appoint a temporary custodian or special administrator.
Hearing and evidence: The court holds a hearing where both sides present evidence — accounting records, bank statements, witness testimony, expert valuations, or other proof of wrongdoing or incapacity.
Decision: If the court finds sufficient cause, it may remove the representative and appoint a successor (often a substitute nominated in the will or an appropriate heir). The court may also order accounting, restitution, or other sanctions.

Possible outcomes and remedies

Removal of the personal representative and appointment of a successor.
Temporary restriction of powers while facts are investigated.
Court-ordered accounting and forensic review of estate transactions.
Monetary remedies: surcharge (charge the representative personally for losses), restitution, or attorney’s fees in some cases.
Criminal referral if theft or other criminal conduct is suspected.

Where to find the law and local probate rules

Georgia’s laws on wills, estates, and the duties of personal representatives are in the Georgia Code, Title 53 (Wills, Trusts, and Decedents’ Estates). The probate court that opened the estate handles petitions to remove a personal representative. For the statutory text and local procedure details, see:

Helpful hints

Document concerns early. Collect bank statements, copies of inventories, communications with the executor, and any evidence of missing or diverted assets.
Request an accounting informally first. Sometimes a thorough, documented accounting resolves concerns without court action.
Know who counts as an “interested person.” Beneficiaries named in a will, heirs at law (if no will), and certain creditors can often petition the court.
If you need immediate protection (e.g., suspected theft), ask the court for temporary injunctive relief or appointment of a special administrator to secure assets.
Be realistic about costs and timing. Court actions and forensic accounting can be time-consuming and expensive; weigh the estate’s value against potential recovery.
Keep communication professional. Courts view cooperative efforts favorably; hostile or frivolous petitions can lead to sanctions or attorney-fee awards against the filer.
Consider mediation. Some probate courts encourage or require alternative dispute resolution for contested estate matters.

Practical next steps

Request a copy of the estate inventory and any filed accountings from the probate court.
Gather documentary proof (statements, emails, receipts) showing mismanagement or harm.
Talk to other beneficiaries to coordinate concerns and share costs if litigation is necessary.
Contact a Georgia probate or estate litigation attorney to evaluate whether removal is likely to succeed and to help prepare the petition and evidence.

Disclaimer: This page is for educational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific estate or a removal petition in Georgia, consult a licensed Georgia attorney or the probate court handling the estate.