A personal representative or executor has many important responsibilities. Estate administration can require more than a year to complete in many cases and exposes the personal representative to a degree of legal vulnerability. One of the risks they face is the possibility of controversy in probate court.
Those with an interest in the estate, including beneficiaries or heirs, can ask the probate courts to remove the personal representative in certain scenarios. When might the courts consider requests to replace a personal representative?
When they have failed to act
Timely action is critical for effective estate administration. Delays in securing resources could lead to a reduction in their fair market value or the loss of assets due to theft.
The failure to identify and communicate with creditors could lead to late fees, interest and other penalties accruing. If a personal representative has failed to take the basic steps necessary during estate administration, replacing them with someone who is readily available and capable of fulfilling those responsibilities might be in the best interests of beneficiaries.
When they have breached their obligations
Personal representatives have a fiduciary duty to estate beneficiaries. They should put the best interests of beneficiaries or heirs ahead of their own wishes. If they fail to do so either through incompetence or out of a desire for personal enrichment, the probate courts may agree that someone else should oversee the administration of the estate.
When their circumstances change
Individuals who initially oversee estate administration could become unable to continue fulfilling that role. Personal financial hardship leading to bankruptcy could affect a representative’s ability to perform their duties.
Major medical challenges could also influence a personal representative’s ability to fulfill their obligations, even if their intentions are good. Pending legal charges or complicated family circumstances could also impact a personal representative’s ability to give the estate the focus it requires.
Those concerned about a personal representative’s capabilities or aware of mistakes that they have already made could have grounds to ask the courts to remove and replace the personal representative. In some cases, notice of pending action might even inspire a personal representative to voluntarily step down from their position due to their challenging circumstances.
Pursuing probate litigation to remove a personal representative can help protect the inheritance of beneficiaries and the legacy of the decedent. Those concerned with estate administration thus far may need to evaluate each of their options for addressing their concerns.