The personal representative or executor of an estate manages estate resources. Their responsibilities include properly distributing resources according to estate planning instruments or state law. They must also fulfill financial obligations and appropriately communicate with parties who have an interest in the estate.
Typically, personal representatives perform their responsibilities well, but not all estates are free from controversy. In some cases, beneficiaries or heirs may have questions about the choices made by personal representatives.
When is it possible to replace an individual responsible for estate administration?
Misconduct and incompetence could lead to removal
Personal representatives often accept their role out of respect for the deceased individual. However, their legal obligations are actually to the beneficiaries of the estate, not the decedent.
Personal representatives have a fiduciary duty. They should put the best interests of beneficiaries above all else during estate administration. Parties with an interest in an estate can request the replacement of a personal representative who has proven incompetent or unethical.
Any evidence that their actions have caused a reduction in estate value could be grounds for their removal. In scenarios involving overt violations of fiduciary duty, such as cases of embezzlement, the courts may readily agree to replace a personal representative. Even in cases where they mean well but prove incompetent, the probate courts may determine that replacing them is the best solution available.
Reviewing estate administration concerns with a skilled legal team can help concerned individuals determine if they need to take those concerns to probate court. Probate litigation to remove a personal representative can preserve estate resources and uphold the wishes of a deceased individual.
