Personal representatives or executors often commit a year or more of their time to estate administration. They carry out the last wishes of the deceased individual, repay creditors and manage estate resources.
They are in a position of trust, and therefore they have a fiduciary duty to the beneficiaries of the estate or the heirs who survived the decedent. Typically, personal representatives act in good faith to preserve estate resources and fulfill the wishes of the decedent.
Unfortunately, there are sometimes bad actors who misuse their authority and others who may not be capable of fulfilling their obligations. When can beneficiaries request the removal of a personal representative?
Removal is possible in many situations
Personal representatives need to be capable of performing their duties. They need to be competent enough to properly manage resources. They also need to be ethical enough to resist the temptation that may come from having access to highly valuable assets.
The probate courts may agree to remove a personal representative who has breached their fiduciary duty. Embezzlement and attempts at self-enrichment could warrant litigation to remove a personal representative from their position.
Proof of incompetence, inaction or decisions that diminish the value of the estate could also lead to removal proceedings. Personal challenges ranging from bankruptcy to pending criminal charges can also provide the necessary grounds to remove an individual from their role as personal representative.
Beneficiaries and concerned family members may need help determining if their situation warrants probate litigation. Replacing a personal representative can help families uphold the last wishes of the person who died.