- 1). Look at the list of heirs compiled and sworn to by the executor and determine if a proper heir has been left off the list either by mistake or fraud.
- 2). If a heir has been left off the list of heirs filed in the circuit court, file a petition alleging the same with the clerk of the circuit court where the estate is being administered. The petition will give notice to the executor that they must come to court and show cause why they should not be removed if a rightful heir has been left off the list compiled by the executor.
- 3). Be prepared to prove that the person you believe is a rightful heir to the estate and has been left off of the list of heirs is related as you allege. In most instances, this person is you, the one bringing the action.
- 4). Be prepared to offer the name of a substitute executor, normally the one bringing the action, if your proof is accepted by the clerk of circuit court.
How to Remove an Executor in Virginia
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