A: I'm assuming you mean an involuntary removal of a trustee. For that, you'll need to file a petition with the probate court in the county where the trustee conducts its business and prove to the court's satisfaction of the need for the removal by clear and convincing evidence of breach of fiduciary duty (stealing, negligence, failure to account, gross mismanagement of assets, failure to fairly represent the interests of all beneficiaries, self-dealing, among others). You should contact a probate attorney for specific legal advice based on your particular facts and circumstances.
A: It all depends on the court. The probate courts in San Francisco and Santa Clara County are not scheduling hearing dates for up to 3 months out from the filing of a petition for probate due to COVID.
A: No one has the responsibility to file a court petition to probate a decedent's estate. If there are no assets subject to probate, there's no need to file for probate or to be appointed as the personal representative for a decedent's estate. Anyone who is an heir to property belonging to the decedent's estate may file for probate. Certain family members are given priority if there are competing petitions filed. Spouse will get first dibs on the job, followed by the children. The heirs of the estate include the surviving spouse and the children. If you have questions about your rights as a child in a share of the estate, you should consult a probate attorney right away.