How do you contest appointment of executor?

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Odessa Hilpert asked a question: How do you contest appointment of executor?
Asked By: Odessa Hilpert
Date created: Thu, Jun 10, 2021 4:42 AM
Date updated: Tue, Jan 18, 2022 5:20 AM

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FAQ

Those who are looking for an answer to the question «How do you contest appointment of executor?» often ask the following questions:

❓ How are executor fees calculated?

If the will does not explicitly specify the executor's remuneration, it will be calculated according to a prescribed tariff, currently 3.5% of the gross value of the assets subject to a minimum remuneration of R350. The executor is also entitled to a fee on all income earned after the date of death, currently 6%.

❓ How is executor compensation calculated?

  1. Four percent (4%) on the first $100,000.
  2. Three percent (3%) on the next $100,000.
  3. Two percent (2%) on the next $800,000.
  4. One percent (1%) on the next $9,000,000.
  5. One-half of one percent (0.5%) on the next $15,000,000.

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1 other answer

Generally, you file a written notice of appearance with the court that you plan to object to the appointment. You need to follow the notice of appearance up with a written statement of the basis for your objection to the appointment. You must appear at the hearing on the "return day" listed in the notice. You may need to explain your objection to the judge and answer any questions. State the facts clearly and bring any evidence you have to support your objection. It's not easy to stop the appointment of the executor. You must have a good reason other than not liking the person, one that will cause the court to be concerned that the appointment will result in trouble down the road and affect the settling of the estate.

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Incompetence or Misconduct

A court can always remove an executor who is dishonest or seriously incompetent. Generally, it's up to the beneficiaries (or estate creditors) to go to probate court and prove that the executor needs to be replaced.

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