The personal representative or executor of an estate is likely to experience some conflict during estate administration. People who expect to inherit from the estate may take issue with how the personal representative manages estate resources or communicates with interested parties.
Beneficiaries named in a will, heirs with inheritance rights under intestate succession laws and even creditors could potentially take legal action in probate court to remove and replace a personal representative. Those attempting to fulfill the obligations of a deceased individual and carry out their last wishes may want to retain that position until they have completely fulfilled their responsibilities.
Personal representatives often need to take certain steps to protect themselves against removal efforts. What decisions can reduce the likelihood of controversy about a personal representative’s conduct?
1. Timely action
Personal representatives may have to locate a will. Their responsibilities may include securing physical resources and communicating with creditors. They may need to initiate probate proceedings and make decisions regarding the maintenance of estate resources. Interested parties can remove a personal representative who fails to take necessary actions. Addressing probate matters promptly can reduce the likelihood of removal attempts.
2. Maintain thorough documentation
Personal representatives may need to keep written records of when they communicated with creditors and how they secured different assets. They also need to account for any resources that they liquidate or distribute. Maintaining thorough written records, including signed receipts from those accepting physical assets from the estate as part of their inheritance, can help personal representatives address claims that they misappropriated or mismanaged resources.
3. Secure guidance
Estate administration is a complex process. Numerous parties may have an interest in the estate, and seemingly minor mistakes can potentially lead to removal efforts or even financial liability. Personal representatives can usually rely on the estate to cover the costs of their legal representation throughout the probate process. Personal representatives who hire lawyers can learn more about the law and rely on their attorney to help them fulfill their responsibilities. The lawyer that they work with can also assist them if outside parties initiate probate litigation to seek their removal.
Knowing how to avoid removal can empower personal representatives to properly manage the probate process. Individuals fulfilling another person’s outstanding responsibilities and last wishes can take proactive steps to minimize controversy and expenses that could diminish the value of the estate in question. Seeking legal guidance is a good way to get started.