How to Remove an Executor in Oregon — Grounds, Steps, and Deadlines (2026)

✓ Verified September 2026

To remove an executor in Oregon, you ask the court that appointed the Personal representative (ORS 111.005(28)). Oregon’s probate code uses “personal representative” for both a will-nominated executor and an intestate administrator; “executor” and “administrator” are common usage, not the statutory term.

A “special administrator” (ORS 113.005) is a separate, limited pre-appointment role. to take the job away, and the court will do it only on a ground the statute recognizes. This guide gives the Oregon answer in plain English: the grounds, who has standing, what the filing is called, what the court can do the same day to protect the estate, and what happens after.

All facts are from Oregon law, verified as of September 2026.

Remove an Executor in Oregon: At a Glance

Here are the Oregon facts that decide most requests to remove an executor in Oregon:

When a Court Will Let You Remove an Executor in Oregon

An executor who is slow, unfriendly, or making decisions you disagree with is not, by itself, removable. Courts appoint a Personal representative (ORS 111.005(28)). Oregon’s probate code uses “personal representative” for both a will-nominated executor and an intestate administrator; “executor” and “administrator” are common usage, not the statutory term. A “special administrator” (ORS 113.005) is a separate, limited pre-appointment role. to carry out the will, and they protect that appointment.

What changes the picture is a breach of duty: money missing or mixed with the executor’s own, an inventory or accounting that was never filed, a sale to a relative below value, a refusal to communicate with beneficiaries for months, a conflict of interest, or a conviction or incapacity that makes the job impossible.

Every state’s statute lists the grounds, and the request to remove an executor in Oregon succeeds when the facts fit one of them.

Grounds to Remove an Executor in Oregon

Four statutory grounds. MANDATORY removal (court “shall remove”) — (1) the personal representative ceases to be qualified under ORS 113.095, or becomes incapable of discharging the duties of the office.

ORS 113.095 disqualification covers: a person who is incapacitated or financially incapable as defined in ORS 125.005; a minor; a person suspended for misconduct or disbarred from the practice of law, or who resigned from the Oregon State Bar while professional-misconduct charges were under investigation or disciplinary proceedings were pending; and a licensed funeral service practitioner (unless the decedent was a relative).

DISCRETIONARY removal (court “may remove”) — (2) the personal representative has been unfaithful to or neglectful of the trust (this is the ground used for mismanagement, self-dealing, conflict of interest, waste, failure to file the ORS 113.165 inventory or an ORS 116.083 account, and failure to distribute); (3) the personal representative has failed to comply with ORS 113.092 (failure to disclose a felony conviction to the court,

or a felony whose underlying facts are substantially similar to removal grounds); (4) other good cause shown.

The Steps to Remove an Executor in Oregon

Step one is to confirm you have standing — Any “interested person” may petition (ORS 113.195(2)), and the court may act on its own motion. “Interested person” is defined at ORS 111.005(19) to include heirs, devisees, children, spouse, creditors, and any other person having a property right in or claim against the estate, plus fiduciaries representing such persons. Co-personal representatives and the surety on the bond are also interested.

Notice of the show-cause order and petition must be served on the personal representative AND on the personal representative’s surety, per ORS 111.215.. Step two is the paper trail: write to the Personal representative (ORS 111.005(28)). Oregon’s probate code uses “personal representative” for both a will-nominated executor and an intestate administrator; “executor” and “administrator” are common usage, not the statutory term.

A “special administrator” (ORS 113.005) is a separate, limited pre-appointment role. asking for the inventory, the accounting, and an explanation, and keep the letter.

Step three is the filing — A “petition to remove personal representative” (some counties style it a motion and petition for order to show cause re: removal), filed in the existing probate estate case in the probate department of the Oregon circuit court for the county where the estate is being administered.

Under ORS 113.195(2) the court then issues an ORDER TO SHOW CAUSE directing the personal representative to appear and show cause why they should not be removed; that order plus the petition are served on the personal representative and the surety. — with the ground stated and the documents attached. Step four is the hearing, where the Personal representative (ORS 111.005(28)).

Oregon’s probate code uses “personal representative” for both a will-nominated executor and an intestate administrator; “executor” and “administrator” are common usage, not the statutory term. A “special administrator” (ORS 113.005) is a separate, limited pre-appointment role. answers and the court decides. Many courts let you ask for interim protection in the same filing, which is the part families miss.

Protecting the Estate While the Court Decides

ORS 113.195 does not contain an express “suspension pending hearing” clause, so protection comes from the court’s general probate powers and adjacent statutes: (a) the show-cause order itself can restrict action pending the hearing; (b) the court may require a bond, increase an existing bond, or require additional security under ORS 113.105 and ORS 113.115,

and may restrict the personal representative’s access to estate assets by ordering funds placed in a restricted/blocked depository account; (c) the surety must be served under ORS 111.215, preserving the bond claim; (d) ORS 116.083(1)(b) requires the removed personal representative to file an account within 30 days after removal; (e) ORS 113.005 special administrators apply before a personal representative is appointed,

not as an interim substitute during a removal fight — the mid-case substitute is a successor under ORS 113.215.

Whether a given Oregon judge will suspend powers before the hearing is UNVERIFIED as a statutory right; ask the circuit court or a licensed Oregon probate attorney.

What Happens After Removal

ORS 113.215. When a personal representative is removed (or dies or resigns), the court may appoint a successor, and MUST appoint one if the removed person was the sole or last surviving personal representative and administration is not complete.

Selection follows the preference order in ORS 113.085: (1) the personal representative named in the will; (2) the surviving spouse or the spouse’s nominee, if the spouse is a distributee; (3) a person entitled to the decedent’s property under intestate succession, if a distributee; (4) any other distributee; then the further statutory categories including the Department of Veterans’ Affairs, the Department of State Lands, and any other person.

The court appoints a “qualified person the court finds suitable,” so preference is not automatic — a person disqualified under ORS 113.095 cannot serve. Before appointing under the lower-priority categories, the court may require the petitioner to make a reasonable attempt to notify persons of higher priority. A successor must give notice to interested persons under ORS 113.225.

Repaying losses: Yes — many Oregon estates can recover losses from a removed personal representative by surcharge.

ORS 114.395 provides that if the exercise of power by a personal representative in administering an estate is improper, the personal representative is liable for breach of fiduciary duty to interested persons for resulting damage or loss “to the same extent as a trustee of an express trust.” ORS 116.063 makes the personal representative chargeable in the accounts with all estate property that comes into their possession, including income.

ORS 114.405 addresses personal liability on estate obligations. Oregon appellate courts have upheld surcharge for fiduciary breach: Estate of Grove v. Selken, 109 Or App 668, 676-77, 820 P2d 895 (1991). Recovery may also be pursued against the ORS 113.105 surety bond, which is why ORS 113.195(2) requires the surety to be served. Removal and surcharge are separate remedies — removal alone does not order repayment.

Outcomes depend on the facts and the court; check with your state’s court or a licensed attorney.

Other Oregon rules: (1) SHOW-CAUSE PROCEDURE IS MANDATORY — ORS 113.195(2) requires the court to order the personal representative to appear and show cause; removal is not granted on the papers alone. (2) SURETY MUST BE SERVED — the show-cause order and petition must be served on the bond surety as well as the personal representative (ORS 113.195(2), ORS 111.215).

(3) MANDATORY vs DISCRETIONARY split — disqualification under ORS 113.095 or incapacity means the court “shall” remove; unfaithfulness, neglect, ORS 113.092 noncompliance, and other good cause are “may.” (4) INVENTORY DEADLINE — 90 days after appointment to file the inventory and fair-market-value estimates as of date of death (ORS 113.165); missing it supports a neglect-of-trust removal.

(5) ACCOUNTING DEADLINES — annual account due within 60 days after each anniversary of appointment unless the court orders otherwise; a final account when the estate is ready for settlement; and an account within 30 days after removal or resignation (ORS 116.083).

(6) BOND — bond is required under ORS 113.105 unless the will waives it, or the personal representative is the sole heir or devisee, or is the Department of State Lands, Department of Veterans’ Affairs, Director of Human Services, Director of the Oregon Health Authority, or an attorney approved under ORS 113.086.

(7) FELONY DISCLOSURE DUTY — ORS 113.092 requires a nominee with a felony conviction to tell the court; failure to disclose is itself an independent removal ground. (8) NO SEPARATE PROBATE COURT — everything is filed in circuit court; local supplementary rules (SLR) differ by county, so check the county’s SLR and probate forms page before filing.

(9) Court staff in Oregon circuit courts cannot tell you which form to use; the Oregon State Bar Lawyer Referral Service and Oregon Law Help are the state-pointed resources.

What It Costs and How Long It Takes

The court filing fee to remove an executor in Oregon is small; the real cost is the hearing. If the Personal representative (ORS 111.005(28)). Oregon’s probate code uses “personal representative” for both a will-nominated executor and an intestate administrator; “executor” and “administrator” are common usage, not the statutory term.

A “special administrator” (ORS 113.005) is a separate, limited pre-appointment role. contests the motion, both sides usually retain counsel, and a contested removal can run several months and several thousand dollars in fees, which the court may or may not order the estate to pay.

Uncontested removals — a fiduciary who has stopped responding or has moved away — are faster and cheaper, and courts grant them routinely when the missed filings are on the record.

Two facts decide the economics. First, the estate’s size: a removal fight over a small estate can consume what is left, so beneficiaries of small estates often ask the court to compel the accounting and set deadlines instead of removing the fiduciary outright. Second, the evidence: a missing inventory is proved with a docket printout, while suspected self-dealing needs bank records and sometimes an appraisal.

The stronger the paper, the shorter the case. Ask the court clerk what the Personal representative (ORS 111.005(28)). Oregon’s probate code uses “personal representative” for both a will-nominated executor and an intestate administrator; “executor” and “administrator” are common usage, not the statutory term.

A “special administrator” (ORS 113.005) is a separate, limited pre-appointment role. has actually filed before deciding which path to take, and get the docket printout in writing — it is the exhibit every remove an executor in Oregon motion starts with.

What to Expect When You Remove an Executor in Oregon

A request to remove an executor in Oregon is a contested proceeding inside the probate case, not a separate lawsuit. The court will want the ground stated plainly, the documents that prove it, and a proposed replacement. Hearings are usually short; the decision turns on whether the executor breached a duty, not on whether the family gets along.

Two things surprise people. The first is that the court can act before the hearing — a bond, a freeze on the estate account, or a special administrator — if the estate is at risk. The second is that the estate keeps running while the motion to remove an executor in Oregon is pending: creditor deadlines, tax filings, and property upkeep do not pause.

Ask the court to address both in the same filing.

Official Oregon Sources & Resources

• Oregon Probate Court: https://www.courts.oregon.gov/help/Pages/default.aspx
• Oregon Removal Statute: https://www.oregonlegislature.gov/bills_laws/ors/ors113.html
• Internal Revenue Service — Estate Tax: irs.gov
• Cornell Legal Information Institute: law.cornell.edu/wex

This Oregon guide was last verified against official sources in September 2026. Laws change — verify with your state court or a licensed attorney.

More Oregon Estate Guides

• Contest a Will in Oregon
• Oregon Probate Process
• Dying Without a Will in Oregon
• What to Do When an Executor Is Not Doing Their Job
• All State Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.