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When can people remove a personal representative from their role?

On Behalf of | Jan 12, 2024 | Probate

The personal representative of a Nevada state is the individual technically responsible for overseeing estate administration. Their position requires trust, as they manage and distribute the personal resources of someone else. They need to put their own wishes and opinions aside to follow someone’s instructions and state law. 

Personal representatives also need to have good organizational and interpersonal skills to constantly and efficiently oversee probate proceedings. Unfortunately, not everyone who takes a position as a personal representative does right by the decedent and their beneficiaries. 

When can those concerned about the performance of a personal representative remove them from their position?

Nevada law includes specific rules

There are certain scenarios in which family members or beneficiaries can ask the courts to remove a personal representative from their role. If someone becomes unfit for the position, possibly due to age or injury, that could be grounds for their removal. 

So could a failure to handle estate fairs in a timely manner or negligence when managing the estate. Wasting estate resources could give beneficiaries a reason to remove a personal representative. Cases involving fraud or likely future fraud or other misconduct, like self-dealing or embezzlement. If someone fails to perform their duties diligently, it may be possible to replace them.  

The plaintiffs asking the courts to remove someone typically need evidence affirming their claims. Financial records, electronic messages and witness testimony could all contribute to the case against a personal representative. 

The personal representative also has the opportunity to defend their conduct and decisions. Learning more about Nevada’s rules for probate administration may benefit those involved with an estate.