How Do I Apply to Have an Executor Removed Under the Estate Administration Act in Alberta?

This answer covers the law of Alberta.

To have an executor removed, you or your lawyer apply to the Court of King's Bench, which can remove a personal representative it is satisfied has refused or failed to give a required notice or to perform a duty or core task. Alberta's guidance is to first try to resolve the problem by discussion.

Removal is not automatic. The Court can instead order the person to perform the duty, impose conditions such as security, revoke a grant, or make any other order it considers appropriate. A judge, not an applications judge, hears these applications, and the Alberta Rules of Court and Surrogate Rules apply.

A surrogate case conference can address removal of a personal representative once a Form C1 or statement of claim has been filed, and a half-day case conference needs all parties' consent. The Public Trustee does not get involved in private disputes about how an estate is administered, so concerns about an executor's conduct are usually taken to a lawyer. What evidence you need depends on the facts, so a lawyer can confirm what to gather.