During the probate process of an estate, the heirs and beneficiaries may decide that the executor needs to be replaced. There is a legal procedure for taking action against the executor, but the heirs must have grounds to do so.
Below is some important information for those who need to remove the executor of a decedent’s estate.
What are the grounds for removing an executor?
Executors have a fiduciary duty to manage the estate and protect the assets. While executors are not personally liable for any estate debts, they are duty-bound to diligently oversee the estate during probate. Executors’ efforts must be made in good faith and honestly.
These are some common breaches of an executor’s fiduciary duties:
- Failing to timely file tax returns or pay owed taxes
- Giving assets to beneficiaries before probate is complete
- Making ill-advised investments
- Self-dealing
- Having conflicts of interest
- Losing estate property
- Committing crimes
Any of the above could be a reason to remove an executor if the allegations can be substantiated to the probate court. It should be noted that when there are multiple beneficiaries, all must be in agreement to sue the executor.
How to know if you have cause
Simply having suspicions that something is amiss with the executor’s handling of an estate is insufficient to take legal action against them. Proving those allegations is necessary. If you know or suspect that the executor of an estate has breached their fiduciary duties, you should gather evidence to support your claims.
Consulting with a professional if you have any doubts or questions about this process is typically wise before proceeding.