Detailed Answer

Short answer: Under Iowa law, a court can remove an executor (the person named in a will who administers the estate) when the executor fails to qualify, breaches fiduciary duties, is incompetent or incapacitated, wastes or misappropriates estate property, has a conflict of interest, is guilty of misconduct (including certain crimes), or otherwise cannot or will not properly administer the estate. Removal requires a petition to the probate court where the estate is being administered and a judicial finding of sufficient cause.

Who is an executor and what are their duties?

An executor (sometimes called a personal representative) collects and protects estate assets, pays valid debts and taxes, files required inventories and accountings, and distributes remaining assets to beneficiaries under the will. The executor is a fiduciary: Iowa law requires them to act loyally, prudently, and in the best interests of the estate and beneficiaries.

Common legal grounds for removal under Iowa law

Failure to qualify or to give required bond: If the executor does not properly qualify with the probate court or refuses/neglects to post a required bond when the court orders one.
Incapacity or incompetence: Physical or mental incapacity that prevents an executor from performing duties.
Neglect, refusal, or inability to perform duties: Repeated failure to communicate with beneficiaries, to gather assets, to file inventories, or to administer the estate in a timely manner.
Breach of fiduciary duty: Self-dealing, conflicts of interest, mismanagement, wasting estate assets, or using estate property for personal benefit.
Misappropriation or conversion of assets: Taking, spending, or transferring estate property for personal use without authority.
Criminal conduct or dishonesty: Conviction for a crime involving dishonesty, fraud, or moral turpitude that affects the ability to serve.
Loss of confidence by beneficiaries: When beneficiaries show sound, demonstrable reasons to the court that the executor should be replaced to protect estate interests.

How removal works — procedural steps

Who can ask for removal: An interested person such as a beneficiary, heir, creditor, or co-personal representative may petition the probate court for removal.
Filing a petition: The petitioner files a written petition with the probate court in the county where the estate is being probated. The petition should explain the facts and include evidence of the alleged misconduct or incapacity.
Temporary relief: The court can act quickly to protect assets — for example by suspending the executor’s powers, requiring additional bond, seizing control of accounts, or appointing a temporary administrator pending a full hearing.
Hearing: The court holds a hearing where the petitioner and the executor present evidence and witnesses. The executor can defend against the allegations.
Court’s decision: If the court finds just cause, it may remove the executor and appoint a successor (often a co-executor, alternate named in the will, or an administrator with will annexed). The court may also order restitution, surcharge (money judgment against the executor for losses), or other relief.

Evidence the court will consider

Court decisions turn on facts. Useful evidence includes bank records, receipts, communications (emails, letters, texts), previously filed inventories or accountings, witness testimony, creditor claims, and medical records if incapacity is alleged. Documentation showing delays, unexplained transfers, or personal use of estate funds is particularly persuasive.

Relevant Iowa law and where to look

Iowa’s statutes governing probate, personal representatives, powers, duties, and removal are found in the Iowa Code, chapter on decedents’ estates and related probate provisions. For general guidance and forms, the Iowa Courts website has probate information and local court contacts.

Helpful official sites:

Iowa Legislature (Iowa Code/Decedents’ Estates): https://www.legis.iowa.gov/ — search for “Iowa Code decedents’ estates” or chapter 633
Iowa Judicial Branch (probate information and forms): https://www.iowacourts.gov/

Practical outcomes the court can order

Removal of the executor and appointment of a successor.
Suspension of powers until a hearing.
Requirement that the executor post a bond or additional bond.
Accounting orders — compelling a formal accounting by the executor.
Surcharges or restitution to make the estate whole if funds were misapplied.
Criminal referral if conduct appears to be theft or fraud.

When removal may not be granted

Merely poor communication, honest mistakes, or minor delays without significant harm to the estate or beneficiaries usually will not justify removal. The court balances the seriousness of the conduct, the executor’s intent, the harm to the estate, and whether less drastic remedies (supervision, added bond, required accounting) suffice.

Steps for a beneficiary who suspects misconduct

Request a written accounting and copies of estate bank statements, inventories, and receipts.
Document concerns in writing; preserve emails, texts, and other records.
Consider a formal petition to the probate court asking for an accounting, temporary restrictions, or removal.
Talk with an Iowa probate attorney to evaluate strength of evidence and likely outcomes. An attorney can prepare the petition and represent you at hearing.

Disclaimer: This article is educational only and not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, contact a licensed Iowa probate attorney.

Helpful Hints

Act promptly. Delays can make it harder to recover assets or get effective court relief.
Keep copies of all communications and financial records related to the estate.
Start by requesting an inventory and formal accounting — courts expect executors to provide these.
If safety of assets is a concern, ask the court for immediate protective orders or removal pending a hearing.
Understand the will: check for alternates or co-executors named in the will who could step in if removal occurs.
Consider mediation if disputes are about administration decisions rather than theft or gross misconduct.
Use county probate court clerks and the Iowa Courts website for local procedures and forms: https://www.iowacourts.gov/