Some personal representatives or executors take on that role due to a personal request. The deceased party asked them to hold that responsibility years ago when they drafted a will. Other people become personal representatives because the probate courts appoint them.
In scenarios where there is no estate plan or where the personal representative previously selected is not available, the probate courts may appoint a competent adult to oversee estate administration. Most people are simply grateful that they don’t have to handle all of the challenges associated with probate proceedings and gladly give authority to the personal representative appointed early in the probate process.
However, sometimes families recognize that the person appointed has not done their job well or may not be able to continue serving in their role. They may need to go to court and ask to replace the personal representative with someone else. When is it possible to ask the courts to remove a personal representative who won’t step down on their own?
When there is proof of misconduct
Personal representatives have a fiduciary duty. They should act in the best interests of beneficiaries at all times. Embezzlement or finding ways to profit off of estate administration could be a breach of that duty. The misconduct of a personal representative can justify their removal from their role.
When they don’t fulfill their duties
Personal representatives have to communicate with a number of different parties and attend probate court proceedings. They have to manage estate resources in an appropriate fashion.
If they fail to do so, their oversights could diminish the value of the estate and therefore what beneficiaries inherit. In scenarios where families can show that personal representatives have failed to act or have proven incompetent, the courts may agree that replacing them is the best option.
When their circumstances change
People serving as personal representatives generally need to be healthy and competent. A variety of different personal challenges could impede their ability to properly manage an estate. Pending criminal charges, personal bankruptcy, a divorce in the works or major medical challenges could all be reasons why a personal representative is no longer capable of fulfilling their duties.
People concerned about the conduct of a personal representative during estate administration can ask the probate courts for support. Families may understandably need assistance determining if their situation justifies taking legal action.
