Executors, also known as estate administrators or personal representatives, spend months managing estates. Depending on the circumstances, the process can take a year or longer to complete. In some cases, beneficiaries or heirs who expect to receive property from the estate initiate probate litigation seeking to remove a personal representative. Those efforts can increase the timeline for estate administration, as well as the total cost of probate court proceedings.
What are some of the most common reasons that those waiting to inherit from an estate seek a replacement for the person administering it?
1. Inaction and damaging delays
In cases where a personal representative named in paperwork has not yet initiated probate proceedings or taken any other necessary steps to secure estate resources and distribute them appropriately, concerned parties may seek to nominate someone else to assume that responsibility. Removal attempts due to inaction or delays are somewhat common.
2. A change in circumstances
People can experience major personal challenges that interfere with their ability to administer an estate. Medical challenges, personal financial insolvency and even pending criminal prosecution could all motivate beneficiaries or errors to seek the removal of a personal representative.
3. A breach of duty
When a personal representative damages the estate or otherwise fails to uphold their fiduciary duty to beneficiaries, removing them from the position might be appropriate. Regardless of whether the issue stems from incompetence, inaction or corruption, a breach of fiduciary duty could justify the removal of a personal representative.
Those seeking to remove personal representatives or to defend their position may need support navigating probate litigation. Discussing estate concerns with an attorney can help people recognize when the legal action is necessary or the best way of responding to removal attempts.