Verified Complaint to Replace/Change Executor and Replace with a another family member by Consent
Once an Executor is sworn to handle the duties as executor, they cannot be changed without Order of a court or Surrogate if the first Executor is still alive. This is true even if all the beneficiaries agree in writing who should be the new executor and the original executor wishes to resign. The below form is a Verified Complaint to Replace/Change Executor and Replace with another person by Consent.
In the Matter of the Estate of
c2, Deceased. | SUPERIOR COURT OF __ CHANCERY DIVISION-PROBATE PART DOCKET NO.
VERIFIED COMPLAINT TO SWITCH EXECUTOR AND REPLACE WITH C1 BY CONSENT |
c1, residing at _______, respectfully shows that:
COUNT ONE
1. On ________, c2 died. The Will was admitted to Probate. Copy is attached as Exhibit 1.
2. s2 was appointed Executor of the Estate by the County Surrogate's Office. Exhibit 2.
3. Said s2 resigned as Executor, due to personal commitments. s2 has signed this verified complaint.
4. Under the Last Will and Testament of c2, the Successor Executor is c1.
5. The said decedent did not leave a surviving spouse. The heirs at law and next of kin are the following persons:
Name Relationship Residence Minors
c1
s2
Others
6. There are no other heirs or next of kin known to the plaintiff.
7. Plaintiff, c1, is the person next entitled to serve as Executor of the Estate. There is no other competent adult person entitled thereto.
WHEREFORE, plaintiff demands judgment of letters to be appointed as the successor executor of the Estate. The Order to Show Cause and Order to appoint Successor Executor attached to moving papers.
____________________________
: SS
COUNTY OF :
c1 of full age, being duly sworn upon her oath according to law, deposes and says:
1. I am the plaintiff in the foregoing complaint named. The allegations thereof are true to the best of my knowledge and belief.
2. The value of the Estate, is under $400,000.00.
______________________
c1
Sworn and subscribed to before me this
day of , 20__.
_______________________________
Notary Seal
STATE OF :
: SS
COUNTY OF :
s2 of full age, being duly sworn upon her oath according to law, deposes and says:
1. I am the current executor in the foregoing complaint named. The allegations thereof are true to the best of my knowledge and belief.
2. The value of the Estate, is under $400,000.00.
______________________
s2
Sworn and subscribed to before me this
day of , 20__.
_______________________________
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