An executor or personal representative handles probate proceedings. They secure the assets that belong to the deceased party, initiate probate proceedings in court and share information with interested parties. They also carry out the decedent’s last wishes and fulfill their obligations to others.
Estate administration is a complex and often thankless job. Most people do not covet the role of personal representative. Still, families sometimes need to remove a representative from their position. In scenarios where a personal representative abuses their authority or access to estate resources, replacing them may be necessary for the protection of estate beneficiaries.
What types of misconduct might lead to litigation intended to remove a personal representative?
Embezzlement
Obviously, stealing from an estate is ethically inappropriate and also illegal. It is a violation of the fiduciary duty that the personal representative has. Their duty is to the beneficiaries or heirs who should receive property from the estate. The failure to act in their best interests by embezzling from the estate could justify the removal of a personal representative.
Self-dealing
Many personal representatives aren’t so crass that they outright steal from an estate. Instead, they use their position to enrich themselves or their family members. Specifically, they may hire a company that they run to provide services to the estate. They might also hire a spouse or their children to provide services, often at an artificially inflated rate. Instead of looking for the best service at the most affordable price, they use their position as an opportunity to enrich themselves. Self-dealing is an ethical violation that can warrant the removal of a representative from their position.
Failing to follow estate instructions
The personal representative of the estate likely had a close relationship with the decedent. They may also have close relationships with beneficiaries and others who have an interest in the estate. They can sometimes allow their pre-existing relationships to influence how they handle estate administration. They might refuse to distribute assets to a beneficiary because of their negative relationship. They might give preferential treatment to someone with whom they have a positive relationship. When a personal representative puts their own desires ahead of the instructions provided by the decedent or state law, concerned family members or beneficiaries may have grounds to seek their removal from their role.
Pursuing probate litigation is sometimes necessary to preserve the legacy intended by someone who has recently died. A representative who does not properly fulfill their role may require removal and replacement with someone better suited to the task.