An executor who won't answer calls, provide accounts, or move the estate forward is more than frustrating. It can freeze the estate, delay distributions, and cost beneficiaries real money.
But frustration alone won't persuade a court.
The question is whether the estate's administration has become unworkable. Whether the executor is unfit, incapable, conflicted, or simply refusing to do the job.
This article walks you through when an executor can be removed, what the court looks for, and what evidence you'll need if you decide to act.
Key Takeaways
- Removal requires more than frustration, the court looks for evidence that proper estate administration has become impossible with the current executor in place
- Start with requests, not court, before applying for removal, you should usually try requesting accounts, information, or a timeline from the executor
- Evidence matters more than complaints, unanswered emails, missing accounts, unexplained asset sales, and delay timelines are what persuade judges
- Standing depends on your role, beneficiaries, co-executors, creditors, and certain family members may have the right to apply, but the court expects genuine interest in the estate
- Alternatives exist beyond removal, the court can appoint additional executors, replace the executor with a professional trustee, or order the executor to provide accounts without removing them
- Cost risk is real, removal applications are Supreme Court proceedings, and if you lose or act unreasonably, you may pay the executor's legal costs from your own pocket
What an Executor Is Actually Supposed to Do
Before you decide whether an executor is failing, you need to know what the role requires.
The executor's core job is to administer the estate. That means collecting assets, paying debts, lodging tax returns, and distributing what's left to beneficiaries.
It also means keeping basic records and accounting to beneficiaries when asked.
Most executors do this without drama. But some don't.
You might be dealing with an executor who has stopped communicating. Who won't explain where estate money has gone. Who has sold assets without approval and refuses to account for the proceeds.
Or perhaps the executor is simply doing nothing. The estate sits idle while beneficiaries wait.
The law gives executors time and discretion, yes. But it doesn't give them the right to ignore the job entirely.
When does delay cross the line?
Estates take time. Tax clearances, asset valuations, debt settlements, none of this happens instantly.
But if twelve months have passed and the executor still hasn't applied for probate, or if probate was granted two years ago and nothing has moved since, you're entitled to ask why.
If the executor won't give you an answer, that's a problem.
The court distinguishes between reasonable delay (complex estates, disputed assets, contested claims) and unreasonable delay (executor simply not engaging with the work). Evidence of what the executor has actually done, or not done, matters more than how long it's been.
When Delay, Conflict, or Misconduct Becomes a Legal Problem
Not every slow executor becomes a removed executor.
The Supreme Court won't act just because beneficiaries are impatient. But the court will act if the estate's proper administration is at risk.
What does that mean in practice?
The court looks for evidence that:
- The executor is incapable of performing the role (incapacity, illness, lack of understanding)
- The executor has a conflict of interest that makes impartial administration impossible
- The executor has engaged in misconduct, fraud, self-dealing, dishonesty, failure to account
- The executor's conduct or inaction means the estate cannot be properly administered
Can you describe the executor's failure in one of those categories? If you can, you're on stronger ground.
If you can't, the court may see your complaint as frustration, not grounds for removal.
Conflict of interest: when does it matter?
An executor who is also a beneficiary isn't automatically conflicted. Many wills appoint family members who inherit.
But if the executor is also a business partner, creditor, competitor, or co-owner of estate assets, and that creates competing interests that prevent fair administration, the court may intervene.
Example: the executor is joint owner of a business with the deceased. The executor wants to buy out the estate's share at a low valuation. Beneficiaries want an independent sale. That conflict may justify removal or at least supervision.
Misconduct: what crosses the line?
Executors are trustees. They hold estate assets on trust for beneficiaries. If they use estate money for personal expenses, sell assets to themselves, or refuse to account for funds, that's misconduct.
If the executor has transferred estate property without authority, paid themselves excessive fees, or hidden transactions, you have a case.
But you'll need evidence. Statements like "I think the executor is stealing" won't be enough. Bank records, property transfers, unexplained payments, that's what persuades judges.
Before you apply to court, gather a timeline of your requests and the executor's responses (or silence). Document what you asked for, when, and what you received. That evidence of refusal or delay is often more powerful than general complaints about character or personality.
What Usually Needs to Happen Before Court
The court expects you to have tried the practical options first.
Step one: ask for information and accounts
You're entitled to see estate accounts. Beneficiaries can request a schedule of assets and liabilities, a summary of income and expenses, and an explanation of distributions.
If the executor refuses or ignores the request, that refusal itself becomes evidence.
Write to the executor. Be specific about what you're asking for. Give a reasonable deadline. Keep the correspondence.
If the executor won't engage, your next step is usually a lawyer's letter. A formal request from a solicitor often gets a response when informal requests don't.
Step two: consider a court application for accounts or directions
If the executor still won't provide information, you can apply to the Supreme Court for an order requiring the executor to lodge accounts.
This is not the same as removal. It's a narrower application asking the court to compel disclosure.
In some cases, once the accounts are provided, the dispute resolves. In others, the accounts reveal misconduct and strengthen the case for removal.
The court may also make orders for judicial advice or directions, where the executor asks the court how to handle a disputed issue. This can break deadlocks without requiring removal.
Step three: assess whether removal is proportionate
Removal applications are expensive and adversarial. You're asking the court to strip someone of their role as executor.
The court will only do that if administration has become impossible or unsafe.
Ask yourself:
- Can the estate be properly administered if the executor stays in place?
- Is the problem fixable with court directions, supervision, or an additional executor?
- Are you seeking removal because the executor is truly unfit, or because you disagree with their decisions?
If the executor is making decisions you don't like but is otherwise acting honestly and diligently, the court is unlikely to remove them.
If the executor has abandoned the estate, misused funds, or refused to account, removal becomes realistic.
The court's question is not "Is this executor perfect?" but "Can this estate be properly administered with this executor in place?" If the answer is no, removal is justified. If the answer is "probably, but it's taking longer than I'd like", removal is a harder sell.
When the Supreme Court May Remove an Executor
Each state and territory has legislation that gives the Supreme Court power to remove or replace an executor.
In Victoria, section 34 of the Administration and Probate Act 1958 allows the court to remove an executor after probate has been granted.
In New South Wales, the Supreme Court's probate jurisdiction includes the power to revoke a grant of probate if the executor is unfit.
In Queensland, the court can remove an executor under its inherent jurisdiction and the succession legislation.
The principles are broadly consistent across Australia: the court can act if the executor is incapable, conflicted, guilty of misconduct, or if the estate's administration has become unworkable.
What evidence persuades the court?
The court looks at conduct, not personality.
Strong evidence includes:
- Unanswered requests for information over months, with dates and copies of correspondence
- Missing or incomplete accounts despite formal demands
- Unexplained asset sales or transfers, especially if the executor cannot account for proceeds
- Self-dealing or conflict transactions, executor buying estate assets, paying themselves without authority, or using estate funds for personal expenses
- Abandonment, the executor has stopped engaging with the estate entirely
- Incapacity, medical evidence or conduct showing the executor cannot understand or perform the role
- Hostility or deadlock, where co-executors cannot work together and administration has stalled
If you can document a pattern of refusal, delay, or misconduct, your application has weight.
If your complaint is "the executor is taking too long and won't listen to me", you'll struggle.
What about co-executors who disagree?
If two executors are appointed jointly and cannot agree, the estate can become paralysed.
The court may remove one, remove both, or appoint an independent executor to break the deadlock.
The court does not pick sides based on who is "right". It asks: can these two people work together to administer this estate?
If the answer is no, and the disagreement is fundamental (not just a single disputed decision), the court may act.
If you're a co-executor and the other executor is unworkable, consider whether you want to apply to remove them or simply renounce your own role. Walking away may be faster and cheaper than a court fight, but it depends on whether you're also a beneficiary and whether the estate will be safe in the other executor's hands alone.
Who Can Apply to Remove an Executor
Not everyone has the right to bring a removal application.
The court expects applicants to have a genuine interest in the estate's proper administration.
Who typically has standing?
- Beneficiaries, you inherit under the will, so you have a direct financial interest in proper administration
- Co-executors, if you're appointed jointly with someone who is not performing, you can apply for their removal
- Creditors, if the estate owes you money and the executor's conduct threatens repayment, you may have standing
- The Public Trustee, in some jurisdictions, the Public Trustee can apply if there is evidence of misconduct
- Residuary beneficiaries and contingent beneficiaries, people with future or conditional interests in the estate may also have standing, depending on the circumstances
What about family members who aren't beneficiaries?
If you're not named in the will and have no legal interest in the estate, you may not have standing.
The court won't entertain applications from people who are simply unhappy on behalf of others.
What if you're applying for someone else's benefit?
If you're a beneficiary acting on behalf of other beneficiaries (for example, elderly or minor beneficiaries who cannot act for themselves), the court may accept your application.
But you'll need to explain why you're the appropriate person to bring it.
Before you spend money on a removal application, check whether you have standing. A solicitor experienced in estate disputes can assess your position and advise whether the court will hear you. If you don't have standing, your application will be dismissed at the threshold.
What the Court Can Order Besides Removal
Removal is the most dramatic remedy. But it's not the only one.
The court has a range of powers to supervise or support estate administration without removing the executor.
Order the executor to provide accounts
The court can compel the executor to lodge full accounts showing all assets, income, expenses, and distributions.
This is a less drastic step than removal and can often resolve disputes. Once the accounts are filed, beneficiaries can see whether there's a real problem or just poor communication.
Appoint an additional executor
If the executor is struggling but not unfit, the court can appoint a second executor to work alongside them.
This is common where the original executor is elderly, interstate, or simply overwhelmed.
The additional executor (often a solicitor or trustee company) can take over the practical work while the original executor remains in place.
Appoint a judicial trustee or administrator
In cases of serious misconduct or deadlock, the court can appoint an independent administrator to take control of the estate.
This might be a solicitor, the Public Trustee, or a professional trustee company.
The existing executor is effectively displaced, but the formal removal process may be less confrontational than a contested hearing.
Give directions on disputed questions
If the dispute is about a specific decision (should this asset be sold? can this expense be paid from estate funds?), the court can give judicial advice or directions.
This resolves the immediate issue without removing the executor.
Require security or supervision
If the executor's conduct raises concerns but doesn't justify immediate removal, the court can order the executor to provide security (a bond) or require regular reporting to the court or an independent supervisor.
When is removal the right answer?
Removal is appropriate when the executor cannot or will not perform the role and no lesser remedy will protect the estate.
If the executor has committed fraud, abandoned the estate, or is fundamentally incapable, removal is the answer.
If the issue is delay, poor communication, or a disputed decision, a lesser remedy may be faster and cheaper.
Think about what outcome you actually need. If you want information, ask for an order for accounts. If you want the executor supervised, ask for an independent co-executor. If you want the executor gone because they're dishonest or incapable, then removal is the right application. Matching the remedy to the problem saves time and cost.
What Evidence You'll Need for a Removal Application
The court decides on evidence, not emotion.
What records should you gather?
- Correspondence with the executor, emails, letters, text messages showing your requests and the executor's responses (or lack of response)
- Timeline of key events, when probate was granted, when assets were supposed to be sold, when distributions were promised, when delays occurred
- Estate documents you do have, copies of the will, probate grant, any partial accounts, asset valuations, sale contracts
- Evidence of executor conduct, bank statements showing unexplained withdrawals, property transfers to the executor or related parties, invoices for excessive fees, proof of self-dealing
- Medical or capacity evidence, if you're alleging the executor is incapable, you may need medical reports or statutory declarations from people who have observed their conduct
- Affidavits from other beneficiaries or creditors, corroborating evidence from others affected by the executor's conduct
What won't help?
Vague complaints. Personal attacks. Allegations without proof.
The court expects specific, documented facts.
"The executor never replies to me" is less persuasive than "I sent five emails between March and August requesting estate accounts. None were answered. I then sent a letter via solicitor on 15 September. No response was received. I attach copies of all correspondence."
Do you need a lawyer to gather evidence?
Not always, but a lawyer experienced in estate disputes can identify what evidence the court will find persuasive and help you avoid irrelevant material.
If your case is complex or high-value, legal advice early will save you time and money.
The best evidence is a documented pattern. One missed email is not a pattern. Six months of unanswered requests, missing accounts, and unexplained transactions is a pattern. Build your case systematically, and keep contemporaneous records from the start.
What to Expect on Cost, Timing, and Risk
Removal applications are Supreme Court proceedings. They are not fast, and they are not cheap.
How long does it take?
If the executor does not defend the application and the evidence is clear, you might get an order within a few months.
If the executor contests the application, expect a contested hearing. That means affidavits, cross-examination, a trial, and potentially an appeal. The process could take twelve months or longer.
What does it cost?
Legal costs for a contested removal application can range from tens of thousands to well over $100,000, depending on complexity and whether the matter goes to trial.
You'll need to pay your own solicitor. The estate may pay the executor's reasonable legal costs, which means less for beneficiaries.
In some cases, if you bring a removal application and lose, the court may order you to pay the executor's costs personally.
What are the cost risks?
The usual rule is that costs follow the event: if you win, the executor pays. If you lose, you pay.
But estate litigation is different. The court has discretion to order costs out of the estate if the dispute arose from the executor's conduct, even if the applicant does not succeed entirely.
That discretion is case-specific. Do not assume the estate will cover your costs if you lose.
What if the executor offers to resign?
If the executor sees the application and decides to step down, that may resolve the matter faster and cheaper.
The court can then appoint a replacement executor by consent.
But if the executor resigns after misconduct, you may still want the court to investigate and order accounts before closing the matter.
What happens after removal?
Once removed, the executor loses all authority. The court will appoint a replacement, either someone nominated by the beneficiaries, a professional trustee, or in some cases the Public Trustee.
The new executor takes over administration and may need to investigate the former executor's conduct.
If funds are missing, the new executor can consider claims against the former executor for breach of trust.
Before you commit to a removal application, get a realistic cost estimate from your solicitor and consider the likely recovery. If the estate is small and the cost of fighting will consume most of the value, a negotiated resolution or a complaint to the Public Trustee may be more practical than litigation.
Alternatives to a Full Removal Application
Removal is not always the best path.
Can the executor be encouraged to resign?
A well-drafted solicitor's letter setting out the grounds for removal and the cost and risk of defending an application may persuade the executor to step down voluntarily.
If the executor resigns, the court can appoint a replacement without a contested hearing.
Can you apply for the executor to be passed over before probate is granted?
If probate has not yet been granted, it may be possible to apply to "pass over" the named executor and appoint someone else instead.
This is a different process from removal after grant, and the threshold is usually lower. The court looks at whether the proposed executor is suitable and whether appointing someone else would be in the estate's interests.
Can you negotiate an agreed replacement?
If the executor is willing to step aside but the beneficiaries disagree on who should replace them, mediation or negotiation may resolve the dispute.
The court is more likely to approve a replacement if all parties consent.
Can the Public Trustee or a trustee company take over?
In cases where no family member or beneficiary is suitable or willing to act, appointing a professional trustee company or the state Public Trustee may be the cleanest solution.
These entities are experienced in estate administration, independent, and less likely to attract further disputes.
Litigation should be the last option, not the first. If the executor is causing problems but is not dishonest, a negotiated resolution or an application for supervision may get you to the same outcome faster and cheaper. Save removal for cases where the executor is truly unfit or where the estate cannot be protected any other way.
When It's Time to Act
If you've requested information, given the executor time, and tried to resolve things informally, and the estate is still stuck, it may be time to escalate.
The real question is whether the estate can be properly administered with this executor in place.
If the answer is no, because the executor is incapable, conflicted, dishonest, or simply refusing to do the job, a removal application may be justified.
If the answer is "probably, but I don't like how they're doing it", you may need to recalibrate your expectations.
Can you articulate the grounds for removal in one sentence?
Try this test: imagine you're standing in front of a judge. Can you say, in one sentence, why this executor must be removed?
- "The executor has sold estate assets and refuses to account for the proceeds."
- "The executor has not filed estate accounts despite six months of formal requests."
- "The executor is incapable of understanding the role due to ill health."
- "The co-executors cannot work together, and the estate has been frozen for two years."
If you can make that statement and back it with evidence, you have a case.
If you can't, you may need more evidence, a different strategy, or a conversation with a lawyer about whether removal is realistic.
The court will not remove an executor just because you're frustrated. But it will act if the estate's proper administration is at risk.
Disclaimer: This article provides general information only and does not constitute legal advice. Estate disputes are fact-specific, and the law varies by state and territory. If you are considering an application to remove an executor, you should obtain advice from a solicitor experienced in estate litigation in your jurisdiction. Aptum Legal is a commercial and tax litigation firm and does not practise in estate or probate matters.
