An executor or personal representative accepts a lot of work, often for minimal compensation. They often take on their role primarily out of respect for the deceased individual or a desire to support their family members.
However, not everyone who serves as a personal representative effectively fulfills their responsibilities. Some people simply lack the organizational skills or diligence to properly handle an estate. Others may try to abuse their position for personal gain.
Occasionally, the family members of the deceased party or the beneficiaries of the estate ask a judge to remove the personal representative and replace them with someone else. What scenarios may justify the removal of a personal representative?
1. Inability or inaction
Sometimes, a personal representative never fulfills their responsibilities. They don’t send notice to creditors, initiate probate proceedings or otherwise handle the affairs of the estate. In scenarios where there have been untenable delays, the inaction of a personal representative can be grounds for their removal.
So can an inability to continue fulfilling those responsibilities. Incarceration or severe medical hardship could leave a personal representative unable to fulfill their responsibilities, and the courts may intervene to replace them with someone who can.
2. Intentional misconduct
Some people view estate administration as an opportunity to enrich themselves. Instead of following state law or the written instructions of the deceased individual, they make decisions for their own personal gain.
Perhaps they hire their own small business to provide certain services and overcharge the estate. Maybe they outright steal property or money that should go to repay creditors or end up distributed to beneficiaries. Proof of embezzlement, self-dealing and other abuses of authority can lead to a personal representative’s removal.
3. General incompetence
Beneficiaries of an estate can ask to remove a personal representative when they have demonstrated that they cannot competently manage estate affairs. Particularly in scenarios where the estate contains high-value assets or a substantial amount of money, the proper management of those assets is important to preserve the inheritance of beneficiaries or heirs.
Improper choices when maintaining, investing or liquidating resources can be a reason to request the removal of a representative from their role. If they have cost the estate money or have attempted to conduct transactions that would diminish the value of the estate, the courts may agree that their removal is in the best interests of the beneficiaries.
Recognizing when it may be time to consider probate litigation can help people with an interest in an estate protect their inheritance. If a personal representative does not voluntarily step down, family members have the option of seeking their removal through probate litigation.