My parents passed away two years ago and my brother was named executor. He's been really slow with distributing assets, won't provide accounting details when I ask, and I suspect he's taking money for 'administrative costs' that seem way too high. Do I have legal grounds to have him removed and replaced?
You'd need to consult an estate attorney in your jurisdiction, but most places do allow beneficiaries to petition a court to remove an executor for breach of fiduciary duty - which covers things like failing to account for assets, unreasonable delays, and excessive or unexplained fees. The burden's usually on you to show misconduct, so gathering documentation of his refusals to provide accounting and specifics on those administrative costs will strengthen your case. Courts take this seriously because executors are legally obligated to act in the estate's best interest, not their own, so you likely have grounds worth pursuing if the facts are as you describe.
The lack of transparency and those inflated administrative costs are actually the stronger part of your case here. An executor has a legal duty to act in the beneficiaries' interest and account for their spending, so when someone refuses to provide those details or charges seem unreasonable, that's textbook breach of fiduciary duty. You've got grounds.
What matters is having proof. Start by documenting every time you asked for accounting and got stonewalled - dates, what you asked for, how he responded. If you can get anything in writing showing those "administrative costs," grab it. Then get a probate attorney in your state (they usually charge less than you'd think for an initial consultation) and bring everything. Most courts will remove an executor if you can show he's either incompetent or acting in bad faith, and two years with no distribution plus refusal to explain himself hits both marks.
One thing people sometimes miss: you might not even need to get him removed entirely. Some states let you petition for a conservator or co-executor to oversee him, which forces transparency without the nuclear option. Your attorney can tell you if that's an option where you are and which route makes sense for your situation.
When an executor drags their feet and won't show you the numbers, that's a red flag courts take seriously. The refusal to provide accounting details alone can be grounds for removal in most jurisdictions - it's literally one of their core duties. Get copies of whatever paperwork you can (bank statements, invoices for those "administrative costs") and bring it to an estate attorney; they'll know whether your state/country requires formal accounting first or if you can go straight to a removal petition. Two years in and still no transparency suggests this isn't about complexity, it's about obstruction.
Courts will absolutely remove an executor who won't provide accounting or is bleeding the estate with sketchy fees - that's textbook breach of fiduciary duty. Before you lawyer up though, try sending your brother a formal written request (email counts) for a full accounting of all distributions and administrative expenses, with a deadline. Keep it factual and unemotional, because if this goes to court, that paper trail showing he ignored a reasonable demand looks really bad for him and strengthens your case. Then if he stalls or the numbers still don't add up, you've got documented proof of obstruction, which judges care about more than vague suspicions.
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