A personal representative administering an estate commits to months of efforts on behalf of a deceased individual. Their efforts can uphold the last wishes of the deceased party and ensure the comfort and protection of their family members.
Either the probate courts or the deceased individual can select a trustworthy person to oversee estate administration. Typically, a personal representative retains their authority until the completion of the probate process. However, sometimes beneficiaries with an interest in an estate must remove a personal representative and replace them with someone better suited to the role.
When is it possible to ask the probate courts to remove and replace the party administering an estate?
When they fail to act
There are many tasks that personal representatives or executors must complete relatively quickly. They need to locate a will and submit it to the probate courts. They also need to secure estate resources to prevent their misappropriation by ill-intentioned family members or opportunistic thieves.
They typically need to communicate with creditors and resolve financial obligations to avoid interest and penalties. When a personal representative fails to take necessary steps during estate administration, worried beneficiaries may have grounds to remove them from their role.
When they breach their fiduciary duty
A personal representative has an obligation to act in the best interests of beneficiaries. Typically, that means optimizing the value of estate resources and consistently upholding the terms outlined in the state plan. If a personal representative self-deals, embezzles or diminishes the estate through incompetent asset management, concerned beneficiaries could ask the courts to remove them.
When their circumstances change
A person who was initially fit to serve as a personal representative might experience a drastic shift in their circumstances that leaves them incapable of fulfilling their duties in the future. Job loss, medical emergencies, financial hardship and pending criminal charges could all raise questions about a personal representative’s capability to fulfill their responsibilities.
Concerned family members may need to speak up during the probate process to protect their inheritances and the wishes of their deceased loved one. Replacing a personal representative can potentially help to preserve the resources that a recently deceased person intended to pass to friends and family.
