The alternate executor or Administrator C.T.A. must present the death certificate of the deceased executor at the probate appointment. The circuit court motions day is Friday. Only the court may remove a qualified fiduciary. It may be necessary to have another fiduciary ready to be appoionted at the time the original fiduciary is removed. The documents should have the same fiduciary case number as the estate file.
Statutes govern the procedures to follow.
Trustees, other than those specifically named in the will, can only be appointed by court order. A. Preference is given to the spouse of the deceased. If the spouse does not wish to qualify, the spouse must prepare and sign a notarized renunciation statement. If the spouse refuses to renounce but still does not qualify as administrator, then thirty days notice must be given to the spouse of another's intent to qualify. Notice should be given by certified mail, return receipt requested for proof of service.