Remove and Replace Administrator or Executor: $2,500

Remove and Replace Administrator or Executor: $2,500

If there is already a fiduciary (either an Administrator or Executor) appointed and you need to remove the fiduciary and appoint a new one, we can assist. We charge a flat fee of $2,500 plus filing fees if nobody challenges the removal and appointment of a new Administrator or Executor.

This proceeding would require preparation of a petition for removal of the fiduciary and for the appointment of a new fiduciary. All interested parties must sign documents (called waivers) allowing for the removal of the old fiduciary and the appointment of a new one. The current fiduciary (unless missing or deceased) must sign a document resigning from his or her current position as fiduciary of the estate.

Once the petition, waivers, resignation and other related documents are signed, we will file those with the surrogate’s court and have you appointed as the new fiduciary.

If however any party challenges the removal of the old fiduciary and/or the appointment of the new fiduciary, the matter will be considered contested. If a matter is contested, it is billed hourly and the flat fee no longer applies. Once contested, litigation will ensue and there will be a trial which will prolong the process.

Please contact us for more information.