It is impossible to definitively say what the cost of removing an executor of an estate would be, as there are many factors that could play a role in how much such a case will cost. For example, the cost of removing an executor may depend on how much parties are willing to spend to obtain the outcome they want and protect their interests, and at what stage the case resolves.
That said, the average fees for executor removal cases generally fall within the range of $20,000 to $80,000, with fees for cases that go to trial often being upwards of $100,000. Complex cases with more assets at stake can cause fees to multiply.
Suppose you are seeking to remove an executor who is presiding over an estate worth tens of millions of dollars. This may cost more than removing an executor who is presiding over an estate worth hundreds of thousands of dollars, since the executor in the former example may have engaged in more transactions surrounding the estate due to its size, which your attorneys will need to investigate. In such a case, the parties may also simply be willing to spend more on litigation because there tends to be more at stake when large estates are being litigated.
Suppose you submit an application for removal of an executor, prompting the executor to seek a compromise with the beneficiaries in the form of a settlement. This may cost less than a petition to remove an executor that is litigated in court, since the latter scenario would require substantially more time on the part of your legal team.
Suppose an executor committed numerous acts of misconduct for which substantial evidence exists. Upon learning of this evidence from the petition to remove the executor, the executor voluntarily resigns. This likely would not cost very much, since the only work your attorneys would have done on the case would have been to conduct a preliminary investigation and prepare a petition.
As you can see, there are many variables — everything from the parties’ willingness to compromise to the complexity of the case to the size of the estate — that can play a role in how much it would cost to remove an executor.
That said, it’s great you are considering the potential cost of removing an executor early in the process. Removing an executor can be expensive, so it’s important to be realistic about whether or not you can afford to do it. You may consider discussing your desire to remove the executor with the other beneficiaries, as they may wish to join your petition, which would reduce each party’s financial burden.
Remember, there are multiple ways to resolve legal disputes — some of them less expensive than others. Be honest with your attorney about your budgetary concerns, and your attorney will do their best to devise a legal strategy that falls within your budget.
If you would like an accurate cost estimate for the price of your executor misconduct case, get in touch with our knowledgeable team of probate attorneys for a free consultation.
